问题 问答题

《担保法》第6条规定:“本法所称保证,是指保证人和债权人约定,当债务人不履行债务时,保证人按照约定履行债务或者承担责任的行为。”试分析保证的特征、设定条件和效力。

答案

参考答案:保证的特征:

①保证是第三人提供的担保方式

②保证是保证人以信用作为担保的方式

③保证具有从属性,补充性,相对独立性和明确目的性

设定条件:①保证人符合法定条件

②保证人与债权人达成合意且意思表示真实

③须主合同合法有效

④以书面形式订立合同

保证的效力:

①在保证人与债权人之间,债权人在履行期限届至时,可以要求保证人承担责任,而保证人则享有主债务人享有的一切抗辩权

②在保证人与主债务人之间,保证人在承担责任后,有权向主债务人追偿

阅读理解

The $586 billion economic stimulus(刺激)package that China announced on Sunday may not be quite as large as it seemed at first sight, but it shows just how seriously the authorities in Beijing take the threat of a slowdown following the international financial crisis. On the face of it, the package of tax cuts, higher public spending, and easier credit makes up the largest such stimulus in history.

The new policy gives President Hu Jintao something to show fellow world leaders at the Group of 20 summit in Washington on Saturday as they seek ways out of the financial crisis.

“We must carry out the measures to ensure fast and stable economic development ,” Premier Wen Jiabao told government leaders on Monday. “They are not only for the needs of our own development but also our biggest contribution to the world.”

At first, stock markets(股市) jumped on news of the package, in the hope that if China’s economy continues to grow, it might help other nations go through the expected global decline in economy by offering a market for their exports.

The stimulus package is designed to reduce the effects of falling exports  on China’s own economy, encouraging investment (投资)and consumption (消费)at home. That, the government says, should keep the world’s fastest-growing economy on a “steady and relatively fast” growth track despite the depressing international climate.

The State Council(国务院),China’s cabinet, said it would target spending over the next two years on low-income housing, rural construction, water and electricity supplies, technological innovation(创新),and recovery from disasters such as the May 12 earthquake. If the plan is carried out, its focus on projects benefiting China’s poorer citizens, rather than on traditional large-scale industrial development, will strengthen the government’s policy of building a “harmonious society” that bridges the present gap between the rich and the poor.

72. China’s economic stimulus package  ______ .

A. shows its serious attitude towards the international financial crisis

B. has stimulated the world’s economy greatly

C. mainly focuses on higher public spending

D. is as large as it seemed at first sight

73. According to Wen jiabao, China’s measures will ______.

A. make the world’s economy grow faster

B. ensure fast economic and cultural development in China

C. be only needed for China’s own development

D. be its biggest contribution to the world

74. How can the new policy reduce the effects of falling exports on China’s own economy? ______

A. By keeping China’s economy one of the world’s fastest growing ones.

B. By making China’s economy the fastest growing one in the world.

C. By encouraging investment and consumption at home.

D. By getting rid of the depressing international climate.

75. What’s the final aim of the new policy? ______

A. To build traditional large-scale industries.

B. To reconstruct the earthquake-hit area.

C. To build a harmonious society throughout China.

D. To provide housing for low-income people.

单项选择题