This question requires candidates to deal with the...

This question requires candidates to deal with the legal issues relating to derivative litigation under the Company Law of China.

(a) Ms E was entitled to bring a lawsuit against Mr A. The legal basis for this conclusion is Articles 21, 150 and 152 of the Company Law. The controlling shareholders, actual controllers or directors of a company shall not, by taking advantage of their affiliate relationship, damage the interests of the company. Where any of the above-mentioned persons violates laws or articles of association of a company and causes damages to a company, such person shall be liable for the damages. If such a situation occurs, any shareholder may directly bring a lawsuit against the director, subject to the conditions as prescribed by the Company Law.

(b) In accordance with Article 152 of the Company Law, the following conditions shall be satisfied:

(i) Ms E requests the supervisory board in writing to bring a lawsuit against the director who causes the damage;

(ii) the supervisory board, upon its receipt of Ms E’s request, fails to file a lawsuit within 30 days upon the receipt of such request;

(iii) Ms E brings a lawsuit against the Mr A for the interests of the company, in her own name.

(c) Assuming Ms E was granted a favourable judgement by the court, the beneficiary should be Tenda Co Ltd. Although Ms E brought the lawsuit in her own name, the legal action was for the interests of the company. Therefore, the result of such a legal action should be attributed to the company.

The use of same-sex classrooms can help boys to compete with girls.

A．正确

B．错误

As a master's candidate, he was always diligent in his study and research.

A．instructive

B．industrious

C．intelligent

D．intense

Economic globalization obviously has a great deal to do with the change of prolonged working hours. It has leveled the playing field all over the world, so that the have-nots can now compete more equally with the haves, especially if they are willing to work harder, longer and for lower wages, which so many of them are. And the haves, in turn, find that they have to pick up the pace just to stay even.

But there may be a more insidious force manifesting itself—something along the lines of an evolutionary law that says, paradoxically, the more you try to simplify or eliminate work, the more of it there is to do. Scholars estimate that medieval peasants, for example, worked between 120 and 150 days a year. They didn't have holidays as we understand them, but they had about eight weeks' worth of holy days, which amounted to the same thing. The notion of a regular workweek was a late-18th-century invention, a product of the vastly speeded-up pace of the Industrial Revolution, which instead of liberating workers, virtually enslaved them, dooming entire families to numbing stretches in what Blake called the"dark, Satanic mills. "The Mills and Factories Act, passed in England in 1833 to curb the worst labor abuses of the time, limited children 9 and older to 48 hours of work a week and teenagers to 69 hours. Adults worked even longer, and they did so in part simply because they could.

The Nobel Prize-winning economic historian Robert William Fogel has studied what he calls the"efficiency of the human engine"and found that the mechanical advances of the Industrial Revolution were paralleled by an equal increase in the human body's size, strength and endurance. In his view the great growth industry of the 19th and 20th centuries was the capacity for work itself.

The more work we do, apparently, the more we're able to do, and though Fogel himself takes a sort of Toffler-like view of the 21 st century, predicting that leisure will become the next great growth industry, there's little evidence of that right now. Working hours in America—the nation in the world with by far the most efficient human engines—have risen steadily over the last three decades. And far from complaining, we have adopted a superior, moralizing attitude that sees work not as a necessary evil, a means to an end, but as an end in itself. It is now obligatory to boast—to lie, if necessary—about how much you work and how little you sleep. The Stakhanov for our time is that lawyer who a few years ago billed 62 hours over a 24-hour period.

Most everyone now faces the dismaying prospect of falling by the evolutionary wayside, a casualty in the global rat race. Unless we can be chemically or behaviorally enhanced, that is, and for those whose work ethic is faltering, there is some encouraging news. Provigil, a drug for narcoleptics, has been tested on Army helicopter pilots, who found that it enabled them to stay awake and alert for two days straight. And the Defense Advanced Research Projects Agency is working on programs to modify the metabolism of soldiers so that they can will themselves not to bleed and can function efficiently without food or sleep for up to a week. They might even be able to survive without oxygen for a brief while. This is something the French would never think of.

According to Robert William Fogel's theory, _____.

A．our work is becoming more and more efficient.

B．the increased work strengthens our body.

C．with less leisure time we are becoming human engine.

D．the next growth industry will be the capacity for wirk.

Right now, the laws can only summarize commonsense principles so as to ______.

A．deal with possible robot-related lawsuits

B．limit the number of robots production

C．monitor the disposal of dangerous robots

D．reduce the chance of injury caused by robots

In student ratings all the following questions can be asked except______.

A．Can the teacher make himself easily understood?

B．How does the teacher deal with students?

C．Is what is taught new?

D．Are students interested in what is taught?

In student ratings all the following questions can be asked except______.

A．Can the teacher make himself easily understood?

B．How does the teacher deal with students?

C．Is what is taught new?

D．Are students interested in what is taught?

Cillian Shepard is to announce a review of examination standards today as controversy surrounding university entrance procedures brings criticism over Britain's educational performance.

The Education and Employment Secretary is worried that continuing uncertainty over a levels in particular will undermine the Government's drive to meet ambitious targets for improvement. She postponed an announcement until this year's candidates had received their results, but is now determined to clear the air.

Mrs. Shepard's main advisers on schools have already asked her to sanction a 100,000 research project, comparing papers over the past 20 years. But she is expected to go further.

Reports of universities admitting A-level failures to foundation courses will be referred to officials carrying out a review of higher education. Further research will focus on school examinations.

Mrs. Shepard returned {mm holiday last week to find critics chiming that a seventh successive rise in pass rates indicated falling standards at A level, while new vocational equivalents had an alarming drop-out rate. Since then, she has become embroiled in controversy over higher education admissions, insisting that it was not the role of universities to prepare students for degree courses.

Yesterday a retired mathematics lecturer said he had been ordered to admit students to a foundation course after rejecting: them for a degree, David Smalley, who teaches part-time at Brunel University in west London, said many of the students who were accepted subsequently would never be capable of degree-level mathematics.

Mr. Smalley said a course for those without the necessary grades to study science had been set up earlier than planned when undergraduate recruitment dried up. He had been told to approach potential students from a pile of rejected applications.

A university spokeswoman said students entering Brunel's foundation courses in science and engineering had an average of two Cs at A level, enough to win a place on many degree courses. Half of the first in take in engineering secured upper second class degrees alter passing the foundation year.

But Mr. Smalley said he was convinced standards had plummeted since the introduction of pre-degree courses. "We have had one or two success stories on them, but others could not add fractions. Some of the work would make your hair curl".

Ian Wood, who set up Brunel's first foundation course, m engineering, said some older lecturers found it difficult to adapt to teaching less able students. He added: "This year 26 students out of 60 got through a foundation year and one ended up with a first-class degree. I am sure there are spurious courses elsewhere put on just to bump up numbers, but our standards are high".

The Higher Education Funding Council for England said it had no reason to question standards on foundation courses.

Who is Gillian Shepard?

A．She is an official.

B．She is president of a university.

C．She is an educator.

D．She is president of a country.

【T10】

A.DEAL WITH

B.INDEPENDENT

C.UP A.THEY ARE TRYING TO【T7】_______THE SPECIAL PROBLEMS

B.ELDERLY PEOPLE WANT TO BE AS【T8】_______AS POSSIBLE

C.THIS GROUP IS MADE【T9】_______OF YOUNG AND OLD CITIZENS THIRTY-ONE MILLION AMERICANS ARE OVER 60 YEARS OF AGE, AND TWENTY-NINE MILLION OF THEM ARE HEALTHY, BUSY, PRODUCTIVE CITIZENS.BY THE YEAR 2030, ONE IN EVERY FIVE PEOPLE IN THE UNITED STATES WILL BE OVER 60.ELDERLY PEOPLE ARE MEMBERS OF THE FASTEST-GROWING MINORITY IN THIS COUNTRY.MANY CALL THIS THE "GRAYING OF AMERICA". IN 1973, A GROUP CALLED THE "GRAY PANTHERS" WAS ORGANIZE

D.【T10】______.【T11】_______OF GROWING OLD IN AMERICA.THE GRAY PANTHERS KNOW THAT MANYELDERLY PEOPLE HAVE HEALTH PROBLEMS:SOME CANNOT WALK WELL, OTHERS CANNOT SEE OR HEAR WELLSOME HAVE FINANCIAL PROBLEMS; PRICES ARE GOING UP SO FAST THAT THE ELDERLY CAN"T AFFORD THE FOOD, CLOTHING, AND HOUSING THEY NEE

D.SOME OLD PEOPLE ARE AFRAID AND HAVE SAFETY PROBLEMS.OTHERS HAVE EMOTIONAL PROBLEMS.MANY ELDERLY ARE LONELY BECAUSE OF THE DEATH OF A HUSBAND OR A WIF

E.THE GRAY PANTHERS KNOW ANOTHER FACT, TOO.【T12】______.SO, THE GRAY PANTHERSARE LOOKING FOR WAYS TO SOLVE THE SPECIAL PROBLEMS OF THE ELDERLY.

【T11】

A.DEAL WITH

B.INDEPENDENT

C.UP A.THEY ARE TRYING TO【T7】_______THE SPECIAL PROBLEMS

B.ELDERLY PEOPLE WANT TO BE AS【T8】_______AS POSSIBLE

C.THIS GROUP IS MADE【T9】_______OF YOUNG AND OLD CITIZENS THIRTY-ONE MILLION AMERICANS ARE OVER 60 YEARS OF AGE, AND TWENTY-NINE MILLION OF THEM ARE HEALTHY, BUSY, PRODUCTIVE CITIZENS.BY THE YEAR 2030, ONE IN EVERY FIVE PEOPLE IN THE UNITED STATES WILL BE OVER 60.ELDERLY PEOPLE ARE MEMBERS OF THE FASTEST-GROWING MINORITY IN THIS COUNTRY.MANY CALL THIS THE "GRAYING OF AMERICA". IN 1973, A GROUP CALLED THE "GRAY PANTHERS" WAS ORGANIZE

D.【T10】______.【T11】_______OF GROWING OLD IN AMERICA.THE GRAY PANTHERS KNOW THAT MANYELDERLY PEOPLE HAVE HEALTH PROBLEMS:SOME CANNOT WALK WELL, OTHERS CANNOT SEE OR HEAR WELLSOME HAVE FINANCIAL PROBLEMS; PRICES ARE GOING UP SO FAST THAT THE ELDERLY CAN"T AFFORD THE FOOD, CLOTHING, AND HOUSING THEY NEE

D.SOME OLD PEOPLE ARE AFRAID AND HAVE SAFETY PROBLEMS.OTHERS HAVE EMOTIONAL PROBLEMS.MANY ELDERLY ARE LONELY BECAUSE OF THE DEATH OF A HUSBAND OR A WIF

E.THE GRAY PANTHERS KNOW ANOTHER FACT, TOO.【T12】______.SO, THE GRAY PANTHERSARE LOOKING FOR WAYS TO SOLVE THE SPECIAL PROBLEMS OF THE ELDERLY.