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盗窃罪是刑法中最常见的犯罪,借条是民法中最常见的民事法律合同,当刑法中的盗窃行为和民法中的借条相撞时,应当如何来处理?侵财类犯罪的本质是使他人的财产遭受损失,这里的损失包括被害人应增加的财产未增加;不应减少的财产减少了。而行为人窃取借条,是为了“赖账不还”时,出借人的经济利益往往难以通过民事仲裁、诉讼等合法途径得到弥补,从而遭受必然的经济损失。本文将围绕盗窃借条行为,分别从盗窃借条行为的争议点、对各个观点的批判、盗窃借条行为的定性分析几个方面进行论述。
Theft is the most common crime in the criminal law. Article of the loan is the most common civil law contract in civil law. How to deal with the theft in the criminal law and the article in the civil law? The nature of crimes against money is to make others Of the property suffered losses, losses here include the victims should not increase the property added; property should not be reduced reduced. However, if the perpetrator steals an IOU in order to “refuse to repay his account,” the lender’s economic interests are often difficult to be remedied through legal channels such as civil arbitration and litigation, thereby suffering inevitable economic losses. This article will focus on the theft of the act of bargaining, respectively, from the theft of the debating behavior of the controversial point of view of the criticism of the theft of the performance of several aspects of conduct analysis.