问题 单项选择题

根据合同法律制度规定,下列选项中,可以担任保证人的是( )。

A.某高级中学
B.某私营企业
C.主债务人
D.国家机关

答案

参考答案:B

解析:法律对保证人有相应的限制,这些限制主要有:①主债务人不得同时为保证人;②国家机关原则上不得为保证人;③学校、幼儿园、医院等以公益为目的的事业单位、社会团体不得做保证人;④企业法人的职能部门不得担任保证人;⑤企业法人的分支机构原则上不得担任保证人;⑥保证人必须有代为清偿债务的能力。

问答题

(46)A long-held view of the history of the English colonies that became the United States has been that England’s policy toward these colonies before 1763 was dictated by commercial interests and that a change to a more imperial policy generated the tensions that ultimately led to the American Revolution. In a recent study, Stephen Saunders Webb has resented a formidable challenge to this view. According to Webb, England already had a military imperial policy for more than a century before the American Revolution. He sees Charles Ⅱ, the English monarch between 1660 and 1685, as the proper successor of the Tudor monarchs of the sixteenth century and of Oliver Cromwell, all of whom were bent on extending centralized executive power over England’s possessions through the use of what Webb calls "garrison government. " Garrison government allowed the colonists a legislative assembly, but real authority, in Webb’s view, belonged to the colonial governor, who was appointed by the king and supported by the "garrison," that is, by the local contingent of English troops under the colonial governor’s command.

According to Webb, the purpose of garrison government was to provide military support for a royal policy designed to limit the power of the upper classes in the American colonies. (47) Webb argues that the colonial legislative assemblies represented the interests not of the common people but of the colonial upper classes, a coalition of merchants and nobility who favored self-rule and sought to elevate legislative authority at the expense of the executive. It was, according to Webb, the colonial governors who favored the small farmer, opposed the plantation system, and tried through taxation to break up large holdings of land. Backed by the military presence of the garrison, these governors tried to prevent the gentry and merchants, allied in the colonial assemblies, from transforming colonial America into a capitalistic oligarchy.

(48) Webb’s study illuminates the political alignments that existed in the colonies in the century prior to the American Revolution, but his view of the crown’s use of the military as an instrument of colonial policy is not entirely convincing. England during the seventeenth century was not noted for its military achievements. Cromwell did mount England’s most ambitious overseas military expedition in more than a century, but it proved to be an utter failure. Under Charles II, the English army was too small to be a major instrument of government. (49) Not until the war in France in 1697 did William III persuade Parliament to create a professional standing army, and Parliament’s price for doing so was to keep the army under tight legislative control. (50) While it may be true that the crown attempted to diminish the power of the colonial upper classes, it is hard to imagine how the English army during the seventeenth century could have provided significant military support for such a policy.

(47) Webb argues that the colonial legislative assemblies represented the interests not of the common people but of the colonial upper classes, a coalition of merchants and nobility who favored self-rule and sought to elevate legislative authority at the expense of the executive.

单项选择题