问题 单项选择题

根据代理权产生的根据不同,可将代理分为

A.法定代理、指定代理与委托代理

B.自己代理和双方代理

C.直接代理与间接代理

D.显名代理与隐名代理

答案

参考答案:A

解析:本题考查的知识点是代理的种类。代理权产生根据不同是划分代理种类的基本标准。这也是我国《民法通则》第64条明确规定的。代理包括委托代理、指定代理和法定代理,其划分标准是代理权的来源。正确选项是A。自己代理和双方代理是滥用代理权的行为,不是一种代理类型,故B项不符合题意。直接代理和间接代理是根据代理人是否以被代理人的名义与第三人进行民事活动,代理后果是否直接归属于被代理人为标准划分的代理类型。显名代理和隐名代理是根据代理人和第三人进行民事活动时是否显示被代理人的名义进行划分的。隐名代理是不显示被代理人名义的代理,其与间接代理有近似之处,但隐名代理是大陆法系的概念,间接代理是英美法系的概念。我国《民法通则》第63条规定的代理是直接代理和隐名代理。《合同法》第402、403条规定的是隐名代理。很多学者认为,合同法规定的隐名代理也属于间接代理。而间接代理关系还可适用于行纪合同。也有的把隐名代理完全等同于间接代理。

单项选择题
填空题

Part 2


Questions 9-18


·Read the following passage and answer questions 9-18.
1. If sustainable competitive advantage depends on work-force skills, American firms have a problem. Human-resource management is not traditionally seen as a central to the competitive survival of the firm of the United States. Skill acquisition is considered an individual responsibility. Labor is simply another factor of production to rent at the lowest possible cost — as much as one buys row materials or equipment.
2. The lack of the importance attached to human-resource management can be seen in the cooperation hierarchy. In an American firm the chief financial officer is almost always second in command. The post of head of human-resource management is usually a specialized job, off at edge of corporate hierarchy. The executive who holds it is never consulted on major strategic decisions and has no chance to move up to Chief Executive Officer. By way of contrast, in Japan the head of human-resource management is central—usually the second most important executive, after the CEO, in the firm’s hierarchy.
3. While American firms often talk about the vast amounts spent on training their work forces, in fact they invest less in the skills of their employees than do either Japanese or German firms. The money they do is also more highly concentrated on professional and managerial employees. And the limited investments on modem training workers are much more narrowly focused on the specific skills necessary to do the next job rather than on the basic background skills that make it possible to absorb new technologies.
4. As a result, problems emerge when new breakthrough technologies arrived. If American workers, for example, take much longer to learn how to operate new flexible manufacturing stations than workers in Germany do (as they do), the effective cost of those stations is lower in Germany than it is in United States. More times is required before equipment is up and running at capacity, and the need for extensive retraining generates costs and creates bottlenecks that limit the speed, with which new equipment can be employed.
5. The result is a slower pace of technological changes. And in the end the skills of the bottom half of the population affect the wages of the top half. If the bottom half cannot effectively staff the processes that have to operated, the management and professional jobs that go with these processes will disappear.

Questions 9-13


·For questions 9-13, choose the best title for each paragraph from below.
·For each numbered paragraph (1-5), mark one letter (A-G) on the Answer Sheet..
·Do not mark any letter twice.
  • A. The bad effect of poor management on new technologies.
  • B. The position of human-resource management in corporation
    hierarchy.
  • C. The work force — training in American firms.
  • D. Human-resource management is not important for American firms.
  • E. How to make American firms become more completive.
  • F. The importance of worker’s skill.
  • G. Problems exit in American’s companies.

Paragraph 4: ______