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甲对某金店售货员说：“把柜台里最左边那条金项链拿给我看看。”销售员便将金项链交给甲。甲趁机用自己携带的假项链调包，然后以不喜欢为由退还给销售员，离开商店。甲的行为构成
A.抢夺罪
B.盗窃罪
C.诈骗罪
D.侵占罪
B.盗窃罪
C.诈骗罪
D.侵占罪
参考答案
参考解析
解析：抢夺罪是指以非法占有为目的，公然夺取公私财物，数额较大或多次抢夺的行为。所谓公然夺取，是指行为人明知被害人知情还当着被害人的面强行夺走财物。甲并非公然夺取金项链，不可能构成抢夺罪。A选项说法错误。盗窃罪是以非法占有为目的，采用自以为秘密的手段窃取他人财物的行为。如果行为人既使用了诈骗手段，又实施了秘密窃取行为的，秘密窃取是行为的本质特征，应以盗窃罪定罪处罚。B选项说法正确。诈骗罪的行为结构是：虚构事实或隐瞒真相——使他人产生错误认识——他人基于错误认识处分财物——他人受有损失——行为人获得利益。甲虽然虚构事实并使得售货员产生错误认识，但售货员并没有基于错误认识将财产的占有处分给甲，因此甲获得财物与诈骗行为不具有因果关系，不成立诈骗罪。C选项说法错误。侵占罪，将代位保管的他人财物或者他人的遗忘物、埋藏物变为自己所有，拒不退还的行为。金项链不是甲代为保管之物，也不是他人遗忘物，甲不可能构成侵占罪。D选项说法错误。
更多 “ 甲对某金店售货员说：“把柜台里最左边那条金项链拿给我看看。”销售员便将金项链交给甲。甲趁机用自己携带的假项链调包，然后以不喜欢为由退还给销售员，离开商店。甲的行为构成 A.抢夺罪 B.盗窃罪 C.诈骗罪 D.侵占罪” 相关考题
考题
The person making the haircut appointment for her boss?She's not a person There's a 1 rapidly developing in AI-have it do the things we don't want to do.Self-driving cars get a lot of attention in this 2.But Google recently demonstrated AI for more 3 tasks.Their system is called Google Duplex--it's a voice assistant 4 to mimic the ways humans speak to one another.Amazon,Apple and other tech companies also make voice assistants,of course.What's 5 with Duplex is that it can carry on a conversation 6 as a human being-that is,somewhat awkwardly.And that's the 7 of course--Google doesnt want Duplex to sound like a machine.In the hair salon 8,the woman who answers the phone throws duplex a curveball There is a point in the exchange 9 Duplex shows its true colors,10.Listen carefully and you'll hear a11 difference between the Al's pronunciation of“10A.M.”and“12P.M.”For just an instant,Duplex's mismatched tones 12 you of being on hold with your bank A second Duplex clip is a bit more 13,because the person 14 the phone doesn't seem to be 15 paying attention.Duplex tells the woman three times that he wants to 16 on Wednesday Duplex has a long way to go 17 it'll be ready to handle open-ended conversations on 18 topics.But one day you may be 19 from all kinds of unpleasant vocal interactions.20more time for unpleasant social media interactions
6选？A.obviously
B.hardly
C.likely
D.seemingly
考题
Text 4 Many Americans regard the jury system as a concrete expression of crucial democratic values,including the principles that all citizens who meet minimal qualifications of age and literacy are equally competent to serve on juries;that jurors should be selected randomly from a representative cross section of the community;that no citizen should be denied the right to serve on a jury on account of race,religion,sex,or national origin;that defendants are entitled to trial by their peers;and that verdicts should represent the conscience of the community and not just the letter of the law.The jury is also said to be the best surviving example of direct rather than representative democracy.In a direct democracy,citizens take turns governing themselves,rather than electing representatives to govern for them.But as recently as in 1968,jury selection procedures conflicted with these democratic ideals.In some states,for example,jury duty was limited to persons of supposedly superior intelligence,education,and moral character.Although the Supreme Court of the United States had prohibited intentional racial discrimination in jury selection as early as the 1880 case of Strauder v.West Virginia,the practice of selecting socalled elite or blueribbon juries provided a convenient way around this and other antidiscrimination laws.The system also failed to regularly include women on juries until the mid20th century.Although women first served on state juries in Utah in 1898,it was not until the 1940s that a majority of states made women eligible for jury duty.Even then several states automatically exempted women from jury duty unless they personally asked to have their names included on the jury list.This practice was justified by the claim that women were needed at home,and it kept juries unrepresentative of women through the 1960s.In 1968,the Congress of the United States passed the Jury Selection and Service Act,ushering in a new era of democratic reforms for the jury.This law abolished special educational requirements for federal jurors and required them to be selected at random from a cross section of the entire community.In the landmark 1975 decision Taylor v．Louisiana,the Supreme Court extended the requirement that juries be representative of all parts of the community to the state level.The Taylor decision also declared sex discrimination in jury selection to be unconstitutional and ordered states to use the same procedures for selecting male and female jurors.
The practice of selecting socalled elite jurors prior to 1968 showed______A.the inadequacy of antidiscrimination laws
B.the prevalent discrimination against certain races
C.the conflicting ideals in jury selection procedures
D.the arrogance common among the Supreme Court judges
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1905年俄国革命
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