问题 单项选择题

以下有关政府采购合同的说法正确的是:

A.政府采购合同属于行政合同,属于行政法调整的范围,而不适用主要调整民事法律关系的合同法

B.政府采购合同一般应当采用书面形式,但未采用书面形式并不影响合同的效力

C.经采购人同意,中标、成交供应商也可以采取分包方式履行合同;如果分包履行的,中标、成交供应商与分包供应商就分包项目向采购人负连带责任

D.采购人与中标、成交供应商应当在中标、成交通知书发出之日起30日内,按照采购文件确定的事项签订政府采购合同,仅有中标、成交通知书对采购人和中标、成交供应商是不具有法律效力的

答案

参考答案:C

解析:《政府采购法》第43条第1款:“政府采购合同适用合同法。采购人和供应商之间的权利和义务,应当按照平等、自愿的原则以合同方式约定。”由此,A项错误。 第44条:“政府采购合同应当采用书面形式。”由此以及合同法理论,B项错误。 第46条:“采购人与中标、成交供应商应当在中标、成交通知书发出之日起三十日内,按照采购文件确定的事项签订政府采购合同。 中标、成交通知书对采购人和中标、成交供应商均具有法律效力。中标、成交通知书发出后,采购人改变中标、成交结果的,或者中标、成交供应商放弃中标、成交项目的,应当依法承担法律责任。”当事人应当订立合同,但是中标、成交通知书对双方都是有法律约束力的。由此,D项错误。 第48条:“经采购人同意,中标、成交供应商可以依法采取分包方式履行合同。政府采购合同分包履行的,中标、成交供应商就采购项目和分包项目向采购人负责,分包供应商就分包项目承担责任。”由此,C项表述完全正确。

单项选择题

In order to understand, however imperfectly, what is meant by "face", we must take (1) of the fact that, as a race, the Chinese have a ply (2) instinct. The theatre may almost be said to be the only national amusement, and the Chinese have for theatricals a (3) like that of the Englishman (4) athletics, or the Spaniard for bull-fights. Upon very slight provocation, any Chinese regards himself in the (5) of an actor in a drama. He throws himself into theatrical attitudes, performs the salaam, falls upon his knees, prostrates himself and strikes his head upon the earth, (6) circumstances which to an Occidental seem to make such actions superfluous, (7) to say ridiculous. A Chinese thinks in theatrical terms. When roused in self-defense he addresses two or three persons as if they were a multitude. He exclaims: "I say this in the presence of You, and You, and You, who are all here present. " If his troubles are adjusted he (8) of himself as having "got off the stage" with credit, and if they are not adjusted he finds no way to "retire from the stage". All this, (9) it clearly understood, has nothing to do with realities. The question is never of facts, but always of (10) . If a fine speech has been (11) at the proper time and in the proper way, the requirement of the play is met. We are not to go behind the scenes, for that would (12) all the plays in the world. Properly to execute acts like these in all the complex relations of life, is to have "face". To fail them, to ignore them, to be thwarted in the performance of them, this is to " (13) face". Once rightly apprehended, "face" will be found to be in itself a (14) to the combination lock of many of the most important characteristics of the Chinese.

It should be added that the principles which regulate "face" and its attainment are often wholly (15) the intellectual apprehension of the Occidental, who is constantly forgetting the theatrical element, and wandering (16) into the irrelevant regions of fact. To him it often seems that Chinese "face" is not unlike the South Sea Island taboo, a force of undeniable potency, but capricious, and not reducible to rule, deserving only to be abolished and replaced by common sense. At this point Chinese and Occidentals must agree to (17) , for they can never be brought to view the same things in the same light. In the adjustment of the incessant quarrels which distract every hamlet, it is necessary for the "peace-talkers" to take a careful account of the (18) of "face" as European statesmen once did of the balance of power. The object in such cases is not the execution of even-handed justice, which, even if theoretically desirable, seldom (19) to an Oriental as a possibility, but such an arrangement as will distribute to all concerned "face" in due proportions. The same principle often applies in the settlement of lawsuits, a very large percentage of which end in what may be called a (20) game.

(14)()

A.key

B.quest

C.reflection

D.silhouette

单项选择题