随着时代的进步和研究的不断深入、犯罪手法的层出不穷,关于传统的诈骗、盗窃两罪的刑事犯罪理论,在司法实践中越来越受到质疑,并暴露出诸多问题。本文将以“借打手机”这一盗窃与诈骗相互交织手段非法取得他人财物的行为进行比较、分析,从而为实践中对该行为的定性问题做参考。 With the progress of the times and the continuous deepening of research, criminal techniques are emerging one after another. As for the traditional criminal theory of criminal fraud and theft, these theories are increasingly being questioned in judicial practice and exposed many problems. This article will compare and analyze the illegal acquisition of other people’s property through the interception of theft and fraud by “borrowing a mobile phone ”, so as to make a reference to the qualitative problem of this behavior in practice.