问题 单项选择题

生产能力可以分为:设计能力、查定能力、现有生产能力。其中,现有生产能力是指( )。

A.新建或扩建企业时,设计任务书中所规定的生产能力

B.由企业的产品方案和各种设计数据来确定的能力

C.在没有设计能力或虽有设计能力,但由于企业的产品方案和技术组织条件已发生很大的变化,原有的设计能力已不适用,需要重新核定的生产能力

D.企业在计划年度内所达到的生产能力

答案

参考答案:D

解析: 考察现有生产能力的内容。依据题意:答案A、B是设计能力的描述,答案C是查定能力的描述,现有生产能力是指企业在计划年度内所达到的生产能力。它是根据企业现有的条件,并考虑企业在查定时期内所能够实现的各种措施的效果来计算的。因此,答案是D。

解答题
问答题

In January 2011 Mr Fang, the owner of a private enterprise, entered into a loan agreement and a mortgage agreement with a local credit association (Credit Association) to borrow RMB 2 million yuan for one year to meet the needs of his business operation, and provided his own house as the subject matter under the mortgage agreement. After the conclusion of the mortgage agreement, Mr Fang and Credit Association went to register the mortgage agreement with the local real estate registration centre.In June 2011 Mr Fang leased the same house to Ms Lee for a period of two years.Due to the sudden change of the market and poor operation of his enterprise, Mr Fang was unable to repay the principal and interest as agreed when the loan matured at the end of January 2012. Credit Association filed a lawsuit in the people’s court and obtained a judgement in favour of its claim for the principal RMB 2 million yuan plus interest.Credit Association then advised Ms Lee to leave the house, as it has been authorised by the people’s court to organise a public auction to sell the house for the enforcement of the judgement. Ms Lee refused to leave the house on the grounds that the lease agreement was an effective one between Mr Fang and herself and would last until the end of June 2013. In addition, Credit Association’s right of mortgagee should not affect her right under the lease agreement.Required:Answer the following questions in accordance with the relevant provisions of the Property Law, and give your reasons for your answer:

(a) state whether Ms Lee’s grounds for refusal to leave the house can be established. (5 marks)