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问题 单项选择题

某水产养殖公司为私营家族企业，其经理、出纳、会计均为亲属。张某系出纳，公司经常将公款由会计、出纳等以个人名义存入银行。某日，张某同学邓某因私营家具厂欲向某信用社贷款，要求张某疏通经理以某水产养殖公司名义为其贷款作担保。张某感觉到由公司出面作保困难较大，便提出可用其公司10万元公款但以其私人名义存在当地农行营业所的定活两便存单质押。某信用社遂与邓某、张某签订了8万元的质押贷款合同，张某交10万元存款存单给某信用社。但当时张某、邓某均未告知某信用社该存单所载款项系公款。后因邓某无力还款，某信用社诉至法院，要求实现质权。某水产养殖公司得知后，提出异议。对此，下列表述正确的是：

A．某信用社质权无效，理由是张某无权以存单设定质押
B．某信用社质权无效，理由是某水产养殖公司拒绝追认
C．某信用社质权有效，理由是质权的善意取得
D．某信用社质权有效，理由是张某有权设定质权

答案

参考答案：D

解析：[考点] 质押
银行存单的合法权利人是张某，因为张某是以其个人名义将10万元公款存入银行的，银行存单是一种名义证券，存单上记载的权利人即为存款的所有人。张某有权将该10万元的存单质押给他人。这里不存在无权处分的问题，因此不存在质权的善意取得问题。D项正确。

选择题

“法律是根高压线，谁碰上他谁触电；法律是个保护神，惩罚犯罪保护好人。”这句话体现了法律[ ]

①规范人们的行为②保护公民的一切利益③维护正常的社会秩序④制裁违法犯罪行为

A．①②③

B．①②④

C．①③④

D．①②③④
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问答题

(46) "Popular art" has a number of meanings, impossible to define with any precision, which range from folklore to junk, with poles being clear enough but the middle tending to blur. The Hollywood Western of the 1930’s, for example, has elements of folklore, but is closer to junk than to high art or folk art. There can be great trash, just as there is bad high art. The musicals of George Gershwin are great popular art, never aspiring to high art. Schubert and Brahms, however, used elements of popular music—folk themes—in works clearly intended as high art. The case of Verdi is a different one: he took a popular genre—bourgeois melodrama set to music (an accurate definition of nineteenth-century opera)—and, without altering its fundamental nature, transmuted it into high art. (47) This remains one of the greatest achievements in music, and one that cannot be fully appreciated without recognizing the essential trashiness of the genre.
As an example of such a transmutation, consider what Verdi made of the typical political elements of nineteenth-century opera. (48)Generally in the plots of these operas, a hero or heroine—usually portrayed only as an individual, unrestrained by class—is caught between the immoral corruption of the aristocracy and the doctrinaire rigidity of the leaders of the civilians. Verdi transforms this naive and unlike formulation with music of extraordinary energy and rhythmic vitality, music more subtle than it seems at first hearing. There are scenes and arias that still sound like calls to arms and were clearly understood as such when they were first performed. Such pieces lend an immediacy to the otherwise veiled political message of these operas and call up feelings beyond those of the opera itself.
Or consider Verdi’s treatment of character. (49) Before Verdi, there were rarely any characters at all in musical drama, only a series of situations which allowed the singers to express a series of emotional state. Any attempt to find coherent psychological portrayal in these operas is misplaced ingenuity. The only coherence was the singer’s vocal technique: when the cast changed, new arias were almost always substituted, generally adapted from other operas. Verdi’s characters, on the other hand, have genuine consistency and integrity, even if, in many cases, the consistency is that of pasteboard melodrama. The integrity of the character is achieved through the music: (50) once he had become established, Verdi did not rewrite his music for different singers or allow alterations or substitutions of somebody else’s arias in one of his operas, as every eighteenth-century composer had done. When he revised an opera, it was only for dramatic economy and effectiveness.
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