问题 单项选择题

下列行为中属于民事代理的是

A.代为书写遗嘱

B.代拟发言稿

C.代买办公用品

D.代为主持会议

答案

参考答案:C

解析:本题考查的知识点是民事代理的认定。一种行为是否为代理行为,可以通过民事代理的法律特征去认定。民事代理的特征是:第一,必须能够引起民事法律后果;第二,必须是以被代理人的名义和第三人进行活动;第三,必须是代理人有独立的意思表示;第四,必须是法律后果由被代理人承受。结合四项要求分析本题所给选项,A项代为书写遗嘱中,代书人没有独立的意思表示,也并非和第三人进行民事活动,不具备民事代理的第二、第三项特征,故该代书行为非民事代理行为。B项代拟发言稿与代书行为类似,缺乏民事代理的认定条件,故不符合题意。C项代买办公用品是代理人接受委托和第三人卖方进行民事活动,符合民事代理的特征。D项代为主持会议,因为其不能引起民事法律后果,不具备民事代理的所有特征。综上,只有C项符合试题要求。

阅读理解

第二部分阅读理解(共25小题。第一节每小题2分,第二节每小题1分;满分45分)

第一节 阅读下列短文,从媒体所给的四个选项(A,B,C,D)中,选出最佳选项,并在答题卡上将该项涂黑。(共20小题;每小题2分,满分40分)

A

A beggar followed a lady and asked her for some money. She refused, so he turned away sadly and said he must do what he had made up his mind to do.

At this word, the lady was greatly frightened for she was afraid for his life. So she called him back and gave him a dollar. The beggar took the money, put it into his pocket, and thanked her a great deal. “You have saved me from a terrible fate,” he said. The lady asked him what he meant. The beggar replied, “Madame, I have been begging all day, but only you have taken pity on me. Without this dollar you gave to me, I should have had to go to work now.

41. Before meeting the lady, the beggar ________.

A. had already received some dollars already

B. had been thinking of taking his own life

C. had received no money for that day

D. had acted as if he was looking for a job

42. If the woman had understood the beggar’s words correctly, she would probably _____.

A. have given him one more dollar

B. have persuaded him to give up begging

C. have gone away without giving him any money

D. have offered him some work

43. In the story, “a terrible fate” means _______

A. to beg     B. to go to work    C. to die   D. to live a hard life

44. The best headline(标题) for the story is ______.

A. How to Beg              B. Money before Everything    

C. Anything except Work     D. Work for Money

填空题