国家开放大学电大《商法》考试网考习题二考试卷模拟考试题.doc

国家开放大学电大《商法》考试网考习题二考试卷模拟考试题考试时间：120分钟考试总分：100分

遵守考场纪律，维护知识尊严，杜绝违纪行为，确保考试结果公正。 1、债权人有《中华人民共和国企业破产法》规定的情形，可以向人民法院提出重整、和解或者破产清算申请。（） 2、债务人的有关人员违反《中华人民共和国企业破产法》规定，擅自离开住所地的，人民法院可以予以训诫、拘留，可以依法并处罚款。（） 3、债权人会议应当有债务人的职工和工会的代表参加，对有关事项发表意见。（） 4、债务人的有关人员，是指企业的法定代表人；经人民法院决定，可以包括企业的财务管理人员和其他经营管理人员。（） 5、债权尚未确定的债权人，除人民法院能够为其行使表决权而临时确定债权额的外，不得行使表决权。（） 6、债权人委员会成员应当经人民法院书面决定认可。（） 7、债务人提出申请的，还应当向人民法院提交财产状况说明、债务清册、债权清册、有关财务会计报告、职工安置预案以及职工工资的支付和社会保险费用的缴纳情况。（） 8、债务人违反《中华人民共和国企业破产法》规定，拒不向管理人移交财产、印章和账簿、文书等资料的，或者伪造、销毁有关财产证据材料而使财产状况不明的，人民法院可以对直接责任人员依法处以罚款。（） 9、支票在出票时有三个当事人：出票人，收款人，付款人。（） 10、支票就是出票人委托银行或其他法定金融机构于见票时无条件支付一定金

姓名：________________ 班级：________________ 学号：________________ --------------------密----------------------------------封 ----------------------------------------------线----------------------

额给收款人的票据。（）

11、追索权是指汇票到期不获付款或期前不获承兑、或者有其他法定原因出现时，持票人在履行了保全手续后，向其前手请求偿还汇票金额、利息及费用的一种票据上的权利。（）

12、支票禁止记载事项包括无益记载事项和有害记载事项。（）

13、证券发行、交易活动的当事人具有平等的法律地位，应当遵守自愿、有偿、诚实信用的原则。（）

14、证券交易所、证券公司、证券登记结算机构、证券服务机构的从业人员或者证券业协会的工作人员，故意提供虚假资料，隐匿、伪造、篡改或者毁损交易记录，诱骗投资者买卖证券的，撤销证券从业资格，并处以三万元以上十万元以下的罚款；属于国家工作人员的，还应当依法给予行政处分。（）15、证券交易当事人依法买卖的证券，必须是依法发行并交付的证券。（

）

16、证券在证券交易所上市交易，应当采用公开的集中交易方式或者国务院证券监督管理机构批准的其他方式。（）

17、证券交易所、证券公司和证券登记结算机构的从业人员、证券监督管理机构的工作人员以及法律、行政法规禁止参与股票交易的其他人员，在任期或者法定限期内，不得直接或者以化名、借他人名义持有、买卖股票，也不得收受他人赠送的股票。（）

18、证券的发行、交易活动，必须遵守法律、行政法规；禁止欺诈、内幕交易和操纵证券市场的行为。（）

19、证券业和银行业、信托业、保险业实行分业经营、分业管理，证券公司与银行、信托、保险业务机构分别设立。国家另有规定的除外。（）20、政府债券、证券投资基金份额的上市交易，适用《中华人民共和国证券法》；其他法律、行政法规有特别规定的，适用其规定。（）

21、证券的发行、交易活动，必须实行公开、公平、公正的原则。（）

22、证券公司违反《中华人民共和国证券法》规定，为客户买卖证券提供融资融券的，没收违法所得，暂停或者撤销相关业务许可，并处以非法融资融券等值以下的罚款。对直接负责的主管人员和其他直接责任人员给予警告，撤销任职资格或者证券从业资格，并处以三万元以上三十万元以下的罚款。（

）

23、证券交易内幕信息的知情人或者非法获取内幕信息的人，在涉及证券的发行、交易或者其他对证券的价格有重大影响的信息公开前，买卖该证券，或者泄露该信息，或者建议他人买卖该证券的，责令依法处理非法持有的证券，没收违法所得，并处以违法所得一倍以上五倍以下的罚款；没有违法所得或者违法所得不足三万元的，处以三万元以上六十万元以下的罚款。单位从事内幕交易的，还应当对直接负责的主管人员和其他直接责任人员给予警告，并处以三万元以上三十万元以下的罚款。证券监督管理机构工作人员进行内幕交易的，从重处罚。（）

24、证券衍生品种发行、交易的管理办法，由国务院依照《中华人民共和国证券法》的原则规定。（）

25、证券交易以现货和国务院规定的其他方式进行交易。（）

26、证券交易当事人买卖的证券可以采用纸面形式或者国务院证券监督管理机构规定的其他形式。（）

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