问题 问答题

吴某是一服装设计师,其设计、裁剪和缝制衣服的水平在当地小有名气。他的朋友张某、李某、赵某和孙某建议其开制衣公司,并称愿意出资。五人一拍即合,签订了发起人协议,并草拟了章程。约定张某、李某、赵某和孙某以货币(人民币)出资,张某出25万元,李某出10万元,赵某出5万元,孙某出15万元。吴某以其现有的制衣设备、剪缝手艺和房屋的使用权出资,折合人民币25万元,并推举张某为公司设立代表人。章程规定,每1万元有一个表决权。在张某、李某和赵某已足额向临时账户缴纳了认缴的出资后,孙某却迟迟不缴纳。在验资机构验资时,认为吴某的裁缝手艺属于劳务,不是公司法认可的出资形式,不予评估,最后评估吴某的出资为20万元。后经登记成立甲制衣有限公司,注册资本60万元,股东为张某、吴某、李某和赵某,张某任董事长。公司成立前,张某曾向乙工厂购买办公用品计1.2万元。但甲制衣有限公司不接受乙工厂的履行。在一次股东大会上,除张某以外其余3人欲减少公司注册资本,不顾张某的反对,通过"决议",减少公司资本至50万元,需要张某执行,张某不予理睬,于是三人将张某诉至法院,要求张某按公司法有关规定,执行股东会"决议"。问:

乙工厂要寻求司法救济,应以谁为被告为什么

答案

参考答案:作为设立公司的代表,张某与乙公司签订了购销合同,该购销合同是为设立有限公司作出的法律行为,依据上题的分析,甲制衣有限公司成立后,即承担其设立过程中的债权债务,乙公司要寻求救济,应以甲公司为被告,诉请其承担违约责任。

单项选择题
阅读理解

阅读理解

    Living in a green area can make you live longer,according to research published today.The research also

shows  that the  difference in  life expectancy (预期寿命) between rich and poor becomes smalleramong

those who live in an environment with parks and trees.

    Richard Mitchell,from Glasgow University,and his colleagues, found that the gap between the number of

deaths of  people on high incomes and the number of deaths of those on low incomes in green areas was

half that compared with figures relating to builtup areas.

    Green spaces, classified by the researchers as  " open, undeveloped  land with natural  vegetation ",

encouraged people to walk and be more active.Exercise in these settings could have greater benefits than

exercise elsewhere,the researchers said.

    The benefits potentially go beyond exercise.Studies have shown that being around green spaces can

reduce blood pressure and stress levels,and possibly help patients recover faster.

    A number of researchers have looked at the effects of greenery on our wellbeing.But few studies had

looked at whether living in green areas reduced health inequalities,the Glasgow team said.

    Using information from a landuse database of 2001,the researchers divided the preretirement population

of England into four groups according to income level,and five groups according to access to green space.

They then looked at death rate for 2001~2005.

    They found that the inequality in death rate from all causes relating to lack of money was less in those

populations in the greenest areas compared with the figures for people living in more builtup places.They

found an even stronger relationship when it came to deaths from certain diseases such as heart conditions

and stroke (中风).There was no difference,however,in deaths from lung cancer.

    The researchers said that changing the physical environment was an easier way to fight against poor

health than using media campaigns or giving out information on health."The result of the study is clear:

Environments that promote good health might be very important in the fight to reduce health inequalities."

1.The underlined word "that" in Paragraph 2 refers to________.

A.the gap  

B.the number of deaths

C.the income  

D.the living area

2.What was the special point of the Glasgow team's research?

A.They offered a scientific definition of "green spaces".

B.They encouraged people to exercise in green areas.

C.They studied the  effects of greenery  on people's health.

D.They focused on the influence of greenery on health inequalities.

3.What advice would the researchers probably give according to the last paragraph?

A.More health information should be given to the public.

B.People should take more exercise every day.

C.More trees and grass should be planted in cities.

D.People should help to fight against health problems.

4.What is the main idea of the passage?

A.People should live in green areas.

B.Green spaces promote good health.

C.Income influences health less than environment.

D.Exercise in green areas benefits people a lot.