问题 单项选择题

甲公司董事会作出一项决议,部分股东认为该决议违反公司章程,欲通过诉讼请求法院撤销董事会的决议。这些股东应当如何提起诉讼?

A.以股东会名义起诉公司

B.以公司名义起诉董事会

C.以股东名义起诉董事会

D.以股东名义起诉公司

答案

参考答案:D

解析:根据《公司法》第22条第2款规定,股东会或者股东大会、董事会的会议召集程序、表决方式违反法律、行政法规或者公司章程,或者决议内容违反公司章程的,股东可以自决议作出之日起60日内,请求人民法院撤销。因此股东可以自己的名义起诉要求撤销董事会的决议。董事会是公司的执行机关,不具有诉讼主体资格,因此股东起诉时应该以公司为被告。故本题应选D。

阅读理解

The way people hold to the belief that a fun­filled,pain­free life equals happiness actually reduces their chances of ever attaining real happiness.If fun and pleasure are equal to happiness,then pain must be equal to unhappiness.But in fact,the opposite is true.More often than not,things that lead to happiness involve some pain.

As a result,many people avoid the very attempts that are the source of true happiness.They fear the pain inevitably (不可避免地) brought by such things as marriage,raising children,professional achievement,religious commitment and self­improvement.

Ask a bachelor (单身汉) why he resists marriage even though he finds dating to be less and less satisfying.If he is honest,he will tell you that he is afraid of making a commitment.Certainly,commitment is quite painful.The single life is filled with fun,adventure,and excitement.Marriage has such moments,but they are not its most distinguishing (显著的) features.

Couples with infant (婴儿) children are lucky to get a whole night’s sleep or a three­day vacation.I don’t know any parent who would choose the word fun to describe raising children.But couples who decide not to have children never know the joys of watching a child grow up or of playing with a grandchild.

Understanding and accepting that true happiness has nothing to do with fun is one of the most liberating realizations.It liberates time:now we can devote more hours to activities that can genuinely increase our happiness.It liberates money:buying that new car or those fancy clothes that will do nothing to increase our happiness now seems pointless.And it liberates us from envy:we now understand that all those who are always having so much fun actually may not be happy at all.

小题1:According to the author,a bachelor doesn’t want to marry mainly because________.

A.he is unwilling to take family responsibilities

B.he believes that life will be more cheerful if he remains single

C.he finds more fun in dating than in marriage

D.he fears it will put an end to all his fun adventure and excitement小题2:Raising children,in the author’s opinion,is________.

A.a moral duty

B.a thankless job

C.a rewarding task

D.a source of inevitable pain小题3:To understand what true happiness is one must________.

A.have as much fun as possible during one’s lifetime

B.make every effort to liberate oneself from pain

C.put up with pain under all circumstances

D.be able to distinguish happiness from fun小题4:What is the main idea of the passage?

A.Happiness often goes hand in hand with pain.

B.One must know how to attain happiness.

C.It is important to make commitments.

D.It is pain that leads to happiness.

单项选择题