问题 单项选择题

李某用其信用卡在自动取款机上打算取 200元钱,卡上余额是300元人民币。在取款时由于操作失误多加了一个零,取200元变成取 2000元。李某惊喜地发现,自动取款机并未因操作失误而拒付,而是果真吐出2000元。出于好奇,李某又操作一遍,结果自动取款机又吐出 2000元。李某知道自动取款机出现故障,但出于贪心,又先后从自动取款机取出人民币3万元,占为已有。则关于李某的行为,下列说法正确的是:

A.不构成犯罪,仅构成民法上的不当得利

B.构成信用卡诈骗罪

C.构成强迫交易罪

D.构成盗窃罪

答案

参考答案:D

解析: 本题考点是犯罪的界定问题,首先是否构成刑法上的犯罪,其次构成什么罪。通说认为,犯罪有3个特征:社会危害性;刑事违法性;应受刑罚处罚性。犯罪的以上3个基本特征是紧密结合的。一定的社会危害性是犯罪最基本的属性,是刑事违法性和应受刑罚惩罚性的基础。社会危害性如果没有达到违反刑法、应受刑罚处罚的程度,也就不构成犯罪,可能只是民法上的侵权行为或违反行政法的行为等。因此,这3个特征都是必要的,是任何犯罪都需要同时具备的。李某第一次获得2000元人民币,是操作失误所致,具有不当得利性质,不构成《刑法》上的犯罪。但后来他明知自动取款机发生故障,还多次取款,这是利用自动取款机的故障进行盗窃的行为,数额较大,其行为已经构成盗窃罪。由此可见,李某的行为已经触犯《刑法》,应当追究刑事责任。这里有必要区分一下信用卡诈骗罪和盗窃罪。《刑法》第196条规定的构成信用卡诈骗罪的4种情形是:(1)使用伪造的信用卡,或者使用以虚假的身份证明骗领的信用卡的;(2)使用作废的信用卡的;(3)冒用他人信用卡的;(4)恶意透支的。李某的行为在客观上不符合这四种表现,因此,不构成信用卡诈骗罪。甲以非法占有为目的,窃取了自动取款机上的3万元人民币,构成了盗窃罪。因此,本题答案是D。

单项选择题
阅读理解

D

As school fl,tats again,there’s SO much mole for an American parent to nag(唠叨)about,like

homework,bedtime and lost hours on the Intemet.But in the age of digital childhood,Jacky Long-well,45,of McLean,Virginia,often text—messages(发短信)what she OnCe told her children bymouth_"Be nice to your brother;walk the dog;remember your reading.

This is the world of the modem family,in which even reminding children to do something has

become electronic.

There  are changes in how parents nag and in what they nag about and in the frequency of their

nagging.

With technology,“you nag more,and you are a little bit more:precise with your nagging.’’said

Reginald  Black,46,of Woodbridge,Virginia.

For many young people,electronic nagging is part of the experience of growing up.Charles Flowers,17,131.$enior at St.John“College High School in Washington.says his mothel-reminds him about everything from laundry,being Oil time to baseball practice and mowing the lawn by text.

When she uses capitals he knows she is serious:GET HOME!

Some say technology has made nagging less annoying.

Jaeky Longwell thinks texts ale less emotional than spoken messages and less likely to be resisted by teenagers.

It’s not as painful for them to hear it by text.It becomes grouped with the friendly communication,”she said.“They can’t hear the nagging.”

She thinks a good way to do it is to mix friendliness with nagging.A parent Call always start by

saying hello.

Not all parents like the new electronic r,agging.Joyce Bouehard,51,a mother of four in Fairfax,Virginia,texts her 14一year—old son but says that for many  things — chores,homework— the

old—fashioned way works better.Nagging by text has risks,she notes:I always think,if you are texting them something and they are with their friends,they ale getting a big laugh out of it.’’

68.We can conclude from the first two paragraphs that————————.

A.American children often stay up late studying

B.Jacky Long'well had a happy aigital childhood

C.American parents pay too much attention to their children’s studies

D.American parents think a lot about their children’s characters

69.The example of Reginald Black is used to show readers————————.

A.that her nagging is thoughtful

B.how the amount and kind of nagging have changed with the arrival of the digital age

C.the kind of skills a parent needs to nag effectively

D.that she likes nagging her children very much

70.We can infer that—————————.

A.It’S better for parents to nag in a friendly,way

B.whether、nagging is e]ectronic or not,it is annoying

C.American parents generally don’t like to nag

D.American parents like to llse capital letters in messages

7 1.The main idea of the article is———————一.

A.the subjects American parents like to nag about

B.the reaSOliS American parents like to nag their children

C.that electronic nagging is becoming commoll in the U.S

D.how American parents began to nag their children by text messages