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盗窃罪、诈骗罪作为一种传统型、多发性、常见性犯罪,在司法实务中占据着重要地位。由于两者均为侵财类犯罪,主观犯意相同、客观行为也具有相互交错的情况,导致司法实践中常常引发争论。本文结合司法实践中的几个典型案例,以获取财物的关键行为作为切入点,进而从刑法上处分关系的内涵出发,在理论上对上述疑难问题进行探索和甄别,为司法实务提供理论支持。
As a traditional, multiple and common crime, theft crime and fraud crime occupy an important position in judicial practice. Since both are crimes against financial assets, the same subjective intent, and objective behavior are mutually intertwined, leading to frequent controversy in judicial practice. Combining with some typical cases in judicial practice, taking the key behaviors of obtaining property as starting point, this article starts with the connotation of punishment relationship in criminal law, and probes into the above difficult problems theoretically to provide theoretical support for judicial practice.