龚某盗窃其父房产一案争议颇多,牵扯到多方关系,价值选择与判断较为复杂,刑法与民法的交叉问题,也使得本案更加难以盖棺定论。本文通过对其定为合同诈骗罪、盗窃罪的合理性进行逐一的比较分析,最终得出对龚某的行为认定为不构成犯罪。并对我国刑法中盗窃罪的犯罪对象问题进行了简单的阐述,指出我国在盗赃物不适用善意取得制度的理论指导下,存在的法律漏洞。 Gongmou theft of his father’s real estate case a lot of controversy, involving a wide range of relationships, the value of choice and judgment is more complicated, cross-cutting criminal law and civil law, but also makes the case even more difficult to conclude. Through comparative analysis of the rationality of contract fraud and theft, this article concludes that the behavior of Gong Mou does not constitute a crime. It also briefly states the criminal target of theft in criminal law in our country. It points out the legal loopholes in our country under the theoretical guidance that theft of stolen goods does not apply to the goodwill acquisition system.