问题 单项选择题

甲、乙、丙三者均为国有企业,其中甲乙双方因购买机床与丙签订了协议,协议约定:由甲提供机床数台并送到乙的仓库,乙支付货款288万元,由于甲要求,乙找到丙为其偿还债务作担保之后,甲履行了合同,将货物送至乙库。乙因经营不善造成严重亏损,不能清偿到期债务被宣告破产。在被宣告破产前,甲将乙丙诉至人民法院,要求其偿还货款,则人民法院应当()

A.终结甲与乙丙的诉讼

B.中止甲与乙丙的诉讼

C.应将甲与乙丙的诉讼交由具体负责破产案件审理的合议庭继续审理

D.由清算组决定是否继续甲与乙丙的诉讼,并报人民法院备案

答案

参考答案:B

解析:本题考查的是破产程序对其他民事程序的影响。根据我国破产法及其有关规定,请求债务人给付的经济纠纷案中,尚未审结且另有连带责任人的,应中止诉讼。若尚未审结且另无连带债务人的,应终结诉讼。根据我国担保法的规定,担保责任约定的性质不明确的,应承担连带保证责任在本案中,由于乙丙未明确约定,则丙对乙的债务应当承担连带保证责任。因而应当中止诉讼。故本题正确答案为B。

阅读理解

阅读理解

     Everyone is seeking happiness,but there is no specific definition about what happiness is,because for

different people,happiness means different things.State of happiness comes when you feel great joy and

satisfaction in life.The unity of soul and mind is very important for getting happiness,because mind creates a

comfortable environment for the soul.And mind has the power to control human actions and feelings.

     The essence of happiness lies in the fact that you do what brings you pleasure.It's very simple.A person

has a builtin system,an analogue (模拟的)GPS (Global Positioning System).GPS is a piece of equipment

that is most often put in cars,and shows the route from its present location to the destination.Here's how it

works.You get in your car,choose a destination,and specify an exact address.GPS immediately determines

the best route and the arrow shows the direction of the route.If you follow the instructions of GPS all the

time,you will arrive at your destination.If you do not follow the instructions,it will say "change the route".

     So here's your 'GPS';it is your emotional system.When you feel joy,you're going the right way to a

happy life.When you feel sad and depressed,you're going in the wrong direction.Your 'GPS' says:"Change

the route."Some people are so used to this "change the route" that they in general no longer hear the

'GPS'.Change the route-it's your dissatisfaction,negative emotions and a sense of unhappiness.

     Listen to your GPS.If the way is chosen incorrectly,your 'GPS' would tell you to "change the route".

To gain your happiness,do follow your 'GPS'.

1. It can be learned from the first paragraph that _____.

A. one's happiness is that he/she lives comfortably

B. one's mind has nothing to do with one's happiness

C. the author gave an exact definition about happiness

D. different people have different ideas about happiness

2. In the author's opinion,we can gain happiness by _____.

A. putting GPS in the car

B. listening to the advice from others

C. doing what can make us feel pleased

D. trying our best to keep our mind peaceful

3. What is the function of GPS?

A. It can judge whether a person is happy.

B. It can show the user the best route to follow.

C. It can help a driver avoid traffic accidents.

D. It can make the user get to the destination immediately

4. People mentioned in Paragraph 3 who are used to "change the route" _____.

A. don't have a happy life

B. don't know how to use GPS

C. don't have a builtin system

D. follow the instructions of GPS

5. What's the structure of the passage?

A. ①-②-③④  

B. ①②-③④

C. ①-②③-④  

D. ①②-③-④

6: 用30词左右概括文章大意

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单项选择题