问题 问答题

某公司甲因供货给某集团公司乙,自行签发了一张票据金额50万元的商业汇票,记载付款人为乙,收款人为甲自己,付款期限为4个月,付款人乙进行了承兑。后甲因购买原料将汇票背书给了丙,丙又因业务需要向银行丁申请贴现。丁经审查汇票后认为对汇票承兑人的实力不了解,不接受贴现申请,但同意接受丙以该汇票作质押,贷款40万元给丙。双方商定后,很快办理了汇票质押手续,并在汇票上作了记载。丙的银行贷款到期之日,正是质押汇票付款期限到期之时。因丙无法依期还贷,丁便向承兑人(乙)提示付款,乙认为该汇票由甲开始背书,最终至丁,背书已经不连续,故拒付。
问:

甲签发以自己为收款人的汇票是否合法,为什么

答案

参考答案:合法。理由主要有:其一,票据上的原始当事人是形式当事人,而非一定是实质当事人。故只要形式上进行了记载,票据即具备了原始当事人,而不管实质上当事人是否重叠。其二,我国票据法明确了商业票据可以是变式票据。该两个理由中的任一个理由,均可说明为什么合法。

选择题
单项选择题

In most parts of the world, climate change is a worrying subject. Not so in California. At a recent gathering of green luminaries—in a film star’s house, naturally, for that is how seriousness is often established in Los Angeles—the dominant note was self-satisfaction at what the state has already achieved. And perhaps nobody is more complacent than Arnold Schwarzenegger. Unlike A1 Gore, a presidential candidate turned prophet of environmental doom, California’s governor sounds cheerful when talking about climate change. As well he might: it has made his political career.

Although California has long been an environmentally-conscious state, until recently greens were concerned above all with smog and redwood trees. "Coast of Dreams", Kevin Stag’s authoritative history of contemporary California, published in 2004, does not mention climate change. In that year, though, the newly-elected Mr. Schwarzenegger made his first tentative call for western states to seek alternatives to fossil fuels. Gradually he noticed that his efforts to tackle climate change met with less resistance, and more acclaim, than just about all his other policies. These days it can seem as though he works on nothing else.

Mr. Schwarzenegger’s transformation from screen warrior to eco-warrior was completed last year when he signed a bill imposing legally-enforceable limits on greenhouse—gas emissions—a first for America. Thanks mostly to its lack of coal and heavy industry, California is a relatively clean state. If it were a country it would be the world’s eighth-biggest economy, but only its 16th-biggest polluter. Its big problem is transport—meaning, mostly, cars and trucks, which account for more than 40% of its greenhouse-gas emissions compared with 32% in America as a whole. The state wants to ratchet down emissions limits on new vehicles, beginning in 2009. Mr. Schwarzenegger has also ordered that, by 2020, vehicle fuel must produce 10% less carbon: in the production as well as the burning, so a simple switch to corn-based ethanol is probably out.

Thanks in part to California’ s example, most of the western states have adopted climate action plans. When it comes to setting emission targets, the scene can resemble a posedown at a Mr. Olympia contest. Arizona’s climate-change scholars decided to set a target of cutting the state’s emissions to 2000 levels by 2020. But Janet Napolitano, the governor, was determined not to be out-muscled by California. She has declared that Arizona will try to return to 2000 emission levels by 2012.

California has not just inspired other states; it has created a vanguard that ought to be able to prod the federal government into per national standards than it would otherwise consider. But California is finding it easier to export its policies than to put them into practice at home. In one way, California’ s self-confidence is fully justified. It has done more than any other state—let alone the federal government—to fix America’s attention on climate change. It has also made it seem as though the problem can be solved. Which is why failure would be such bad news. At the moment California is a beacon to other states. If it fails, it will become an excuse for inaction.

It can be inferred from the text that()

A. California needs further actions to inspire other states

B. California has set a perfect model for other states to follow

C. California will become an excuse for inaction for other states

D. California might find it difficult to execute its own policies