问题 单项选择题

马某2008年从外地来沪,2009年9月,马某冒用上海市公安局、世博会组委会安保领导小组的名义,编造所谓的"关于加强企事业单位世博安保工作的紧急通知",谎称对企事业单位内保人员进行培训,并通过互联网上传易通软件的网络传真功能向各大公司发送,要求将"培训费"、"购置材料费"等费用在限定期限前打到其指定账户。各单位看出异样,均未上当,部分单位向公安机关报了案,马某的行为构成:()

A.构成诈骗罪(未遂)

B.构成招摇撞骗罪(未遂)

C.构成诈骗罪(既遂)

D.构成招摇撞骗罪(既遂)

答案

参考答案:A

解析:马某以非法占有为目的,采用虚构事实的方法,骗取他人钱财,数额特别巨大,其行为已构成诈骗罪,依法应予惩处犯罪行为是由于其意志以外的原因而未得逞,并非其本人自动、有效地防止犯罪结果的发生,故马某的行为属于犯罪未遂

单项选择题
单项选择题

The questions in this group are based on the content of a passage. After reading the passage, choose the best answer to each question. Answer all questions following the passage on the basis of what is stated or implied in the passage.

Congressman Hastings has proposed that Congress should abolish the Electoral College system for electing the president and replace it with a system of direct popular election. The Electoral College system is flawed, he argues, because it runs directly counter to the democratic principle that every citizen’s vote should count equally.

Because of the winner-take-all system in which the candidate who receives the most popular votes in a state receives all of that state’s electoral votes, the citizens who voted for the losing candidate are effectively disenfranchised from the national election, even if their candidate lost the state by only a handful of votes. Moreover, because each state’s number of electors is the same as its number of members of Congress, the citizens of small states get a disproportionately larger vote than citizens of more populous states. In the 1988 election, for example, the combined voting-age population of the six least populous states--Alaska, Delaware, North Dakota, South Dakota, Vermont, and Wyoming--was 3,119,000. These six states held 21 electoral votes among them. Florida, with a voting-age population of 9,614,000, also had 21 electoral votes. Because of inequities of this nature, there have been four presidential elections in which the candidate who won the Electoral College actually lost the popular vote: 1824, 1876, 1888, and 2000.

Congressman Markham has argued that Hastings’s proposed changes are unnecessary and even dangerous. First of all, he argues, the Electoral College system, whatever its flaws, has resulted in a stable democratic government for more than 200 years, which shows that it is doing something right. Second, the winner-take-all system helps create decisive majorities in the Electoral College, thereby reducing the problem of disputed elections that we might see in the event of direct popular elections. Third, the current system of allocating electors helps protect the interests of small states, which would be largely neglected in favor of large states if the Electoral College were based entirely on population. Protecting these states’ rights is essential to upholding the principle of federalism (in which the states and the federal government maintain distinct powers).

When the Electoral College system was first formalized by the Twelfth Amendment in 1804, a direct popular vote would have been impossible to implement, and the Electoral College was probably the best way to approximate the will of the people. Advances in technology and communication, however, now mean that a direct popular vote would be as simple, if not simpler, to administer than the current Electoral College system. Alternative ways to reform the system would be to do away with the winner-take-all system of state electors, to base the numbers of electors strictly on state populations, or to have a direct popular election but to weight the votes from different states differently in order to preserve the influence of small states.

According to the passage’s presentation of Markham’s sentiments regarding federalism, which of the following systems for electing the president would be most objectionable to him ?()

A. An Electoral College system identical to the one currently in use

B. An Electoral College in which each state’s number of electors was based strictly on population, but the winner-take-all system was maintained

C. An Electoral College in which each state’s number of electors was based strictly on that state’s number of members of Congress, but in which the winner-take-all system was replaced by a divided electoral vote proportional to the state’s popular vote

D. A direct popular election in which the votes from citizens of smaller states were given more weight than citizens from larger states

E. A direct popular election