问题 单项选择题

张某投资设立一家个人独资企业,由于经营管理不善企业难以维持,于2000年7月1日解散,陈某是企业的债权人,以下说法正确的是( )

A.企业已经解散,陈某是企业的债权人,不是张某的债权人,所以不能要求张某承担企业的债务

B.张某对企业债务承担无限责任,企业解散后,陈某任何时候都有权要求张某承担企业债务

C.陈某在2005年7月1日前有权要求张某承担偿还责任

D.陈某在法定期间内因不可抗力无法要求张某承担偿还责任的,张某对陈某的责任不能消灭

答案

参考答案:C

解析:[考点] 个人独资企业法 《个人独资企业法》第28条规定:“个人独资企业解散后,原投资人对个人独资企业存续期间的债务仍应承担偿还责任,但债权人在五年内未向债务人提出偿债请求的,该责任消灭。”根据该条规定,个人独资企业解散的,原投资人对企业债务仍承担偿还责任,承担责任的期间是5年,所以C选项正确。《个人独资企业法》对投资人承担企业债务的5年期限并未规定中止、中断和延长的情况,该期限为法定不变期限,期限经过后投资人的责任即消灭,所以D选项不正确。

问答题

In the current immigration wave, something markedly different is happening here in the middle of the great American "melting pot." (46) There is a sense that, especially as immigrant populations reach a critical mass in many communities, it is no longer the melting pot that is transforming them, but they who are transforming American society.

American culture remains a powerful force—for better or worse—that influences people both here and around the world in countless ways. But several factors have combined in recent years to allow immigrants to resist, if they choose, the Americanization that had once been considered irresistible.

In fact, the very concept of assimilation is being called into question as never before. (47) Some sociologists argue that the melting pot often means little more than "Anglo conformity" and that assimilation is not always a positive experience—for either society or the immigrants themselves. And with today’s emphasis on diversity and ethnicity, it has become easier than ever for immigrants to avoid the melting pot entirely. Even the metaphor itself is changing, having fallen out of fashion completely with many immigration advocacy and ethnic groups. They prefer such terms as the "salad bowl" and the "mosaic," metaphors that convey more of a sense of separateness in describing this nation of immigrants.

(48) Among socially conservative families such as the Jacintos, who initially moved to California from their village in Mexico’s Guanajuato state, then migrated here in 1988 to find jobs in the meatpacking industry, bad influences are a constant concern. They see their children assimilating, but often to the worst aspects of American culture.

Their concerns reflect some of the complexities and ambivalence that mark the assimilation process these days. Immigrants such as the Jacintos are here to stay but remain wary of their adoptive country. According to sociologists, they are right to be concerned.

"If assimilation is a learning process, it involves learning good things and bad things," said Ruben G. Rumbaut, a sociology professor at Michigan State University. "It doesn’t always lead to something better."

The ambivalence of assimilation can cut both ways. Many native-born Americans also seem to harbor mixed feelings about the process. (49) As a nation, the United States increasingly promotes diversity, but there are underlying concerns that the more emphasis there is on the factors that set people apart, the more likely that society will end up divided.

With Hispanics, especially Mexicans, accounting for an increasing proportion of U.S. population growth, it is this group, more than any other, that is redefining the melting pot.

Hispanics now have overtaken blacks as the largest minority group in Nebraska and will become the biggest minority in the country within the next seven years, according to Census Bureau projections. (50) The nation’s 29 million Hispanics, the great majority of them from Mexico, have thus become the main focus for questions about how the United States today is assimilating immigrants, or how it is being transformed.

(49) As a nation, the United States increasingly promotes diversity, but there are underlying concerns that the more emphasis there is on the factors that set people apart, the more likely that society will end up divided.

单项选择题 A1/A2型题