Lawyers should be tolerant.
Qi is an important category of China's ancient philosophy. Naive materialists attribute it to the origin of the world and believe that everything in the universe is generated by qi. Qi is the foundation of the world, and it determines everything. Therefore, what Confucianism calls self-cultivation is mainly to cultivate the spirit of integrity. Here, righteousness becomes a spiritual pursuit and represents a lofty idea. The so-called tolerance is the external expression of qi, and it is the expression of personal psychological quality, verve, demeanor and rhyme. It is a characteristic of a person's realm. With firm and restrained righteousness and harmonious atmosphere, it can be described as extraordinary and magnificent. Isn't this trait possible? Pretend? What comes out can only be cultivated by time. However, the pace of life and work in modern society is too fast, people are tired of coping, noisy and impetuous, and ignore the cultivation of inner world. When we were reciting Zhang Zai in the Northern Song Dynasty? Stand for heaven and earth, stand for the people, link the past with the future, and create peace for all generations? When, this? Four sentences in the horizontal canal? Everyone was shocked by their tolerance. The reason why saints are saints lies in their lofty spiritual realm and humanistic feelings.
The atmosphere comes from cognitive height and ideological realm, fearless spiritual quality and magnanimity. Height determines vision, and vision determines realm. The rise of thought stems from the accumulation of culture and experience, including the experience of life and the epiphany of thought. Learn from the sages and gain new heights by standing on the shoulders of giants. With height, you can have a vision, and other mountains are short in the sky. , broad-minded and the atmosphere of the inner saint and the outer king. The sage inside and the king outside, with the truth in mind, make public the atmosphere. So as to become a person and? Law is the crown of love, and it is superior to physics and chemistry. A philosopher-like lawyer.
The lawyer atmosphere is characterized by holistic view, difference view and vertical and horizontal view.
Global vision.
In one case, this atmosphere will give lawyers a global perspective. Think big and start small. We should not only look up at the stars, but also keep our feet on the ground. Only by looking at the big and the small can we be sure. Just like looking at the earth, the real panorama of the earth can only be seen from outer space.
View of seeking difference.
The atmosphere is not only a broad vision, but also a comprehensive view of the problem. To look at the problem comprehensively, we should not only see the opposite side of the problem, but also have the thinking of seeking the opposite sex. Skepticism and criticism are the basic ways of thinking of lawyers. Seeing is believing? Often? Unreal? Things are more real than before. For example, after a chopstick enters the water, the chopsticks in the water are bent. This is a physical refraction phenomenon. So seeing may not be believing.
With such an atmosphere, you will have an objective and true understanding of things. After understanding the pros and cons, distance and distance, what else can't be given up and tolerated?
Vertical and horizontal views.
Only by studying heaven and man can we understand the changes of ancient and modern times. ? The change of ancient and modern times? Is it time? On the occasion of heaven and man? It is space. Space is the present thing, horizontal, and we can all see it. If you put it on the coordinate, it can be understood as the horizontal axis. Time is the past and the future. In coordinates, we can understand it as the vertical axis. Time and space are the existing forms of matter, so everything exists in time and space. For example, a roll is what we have in front of us. When a lawyer knows a thing, he should not only see its present, but also think of its past and study what is behind it. That is to find out the ins and outs of each piece of evidence in the volume and how it was formed, and the process of obtaining evidence is the history of evidence. If you have this unprecedented and three-dimensional understanding of documents, you can understand and see through them. The heart is naturally strong.
The cultivation of healthy qi needs correct values.
Lawyers should abide by justice. Lawyers themselves are legal persons with no specific positions. He doesn't represent the country legally like a prosecutor. Lawyers can represent victims, defendants and criminal suspects. Therefore, from a philosophical point of view, a lawyer is a rational existence established to prevent injustice. However, the existence of this rationality serves the interests of the entrusting party. In order to realize its legitimate interests, it seeks social balance through professional efforts.
Social moral responsibility is the unshirkable responsibility of every China intellectual, and lawyers are no exception.
? See the heart and see the sex? We should not only understand our own ideas and the essence of things, but also be brave in taking responsibility and be good at persistence. Promote the process of rule of law with cases. Some lawyers are afraid to stick to their correct views and are timid. This is the lack of pursuit of fairness and justice and the lack of social responsibility. These lawyers have neither feelings of homeland nor dedication.
Justice pursued by lawyers in practice is a very precise practical process.
A lawyer's just mission is easily misunderstood. This misunderstanding is due to position, not viewpoint. The public prosecutor represents the position of the country and seems to be eternal justice. Positions and opinions are not the same thing. A just position is not the same as a correct view. In other words, a just position must be correct if it does not express its own views. Because, the formation of views has to go through the process of perceptual and rational understanding. Therefore, a correct position may not necessarily prevent mistakes in the process of understanding. Therefore, lawyers must correctly understand their own position. Standing in the position of a criminal suspect or defendant can also produce a correct view. Although the parties seem to be unfair and most of them are in a pending state, from a rational point of view, no? Unfair? Existence. Understand this truth will make lawyers get out of position? Feeling of original sin? . Lawyers' views are independent and divorced from their clients. Rational independence is irrational. ? I think therefore I am? . When a person constructs a spiritual home that pursues justice with reason, he can be confident in practice and settle down in his career.
Lawyers should be kind.
Righteousness is the foundation of the body, harmony is the way to seek things, and the golden mean. The righteousness is like a mountain, and the gas is like water. Righteousness is a kind of benevolence and righteousness. Kindness is a kind of ingenuity. A gentleman is harmonious but different. Although I don't agree with your point of view, I respect your right to speak and even tolerate your point of view. Absorb valuable ideas, take their essence and discard their dross. If you don't talk about benevolence and righteousness, you will die, win-win can balance, and harmony can create tranquility.
Now many lawyers think that compromise is a failure. In fact, compromise is an important way to resolve disputes. Giving up some interests will inevitably win over others. Compromise has its reasonable part, and no one will make unnecessary compromise. Why do you climb the mountain to walk? What? Word spirals up precisely because it follows the natural law of circuitous progress. ? Jane. In itself, it is to release goodwill. Surrender is a kind of mind and tolerance. Righteousness is always yang, harmony is yin, and yin and yang are Tao.
Kant said, "In this world, there are two things worth looking forward to all our lives: one is the starry sky above us, and the other is the moral law in our hearts". Starry sky, atmosphere also; Morality, benevolence and righteousness. It's good to have both. In fact, in short, it is to look at the essence.
Atmosphere, pay attention to the comprehensiveness and objectivity of observing things, which is? Really? ; Benevolence, fairness and justice, social morality, what is this? Okay？ ; Kindness, concern? As good as water? Fair, harmonious, gentle and humble, right? Warm beauty? . The temperament of a lawyer should be inseparable from the three, but the unity of truth, goodness and beauty. This is the tolerance of a saint. The inner saint and the outer king. Of course, the pattern of kings is great momentum and big hands. Therefore, the king strategized in the curtain and won the battle thousands of miles away.
Second, tolerance determines the pattern.
Tolerance determines the pattern, and ideas determine thinking. Case is the degree of cognition of things, paying attention to fine and micro. Bureau is to recognize the time and space of things and pay attention to the macro system.
Mode is a way of thinking based on a profound and comprehensive understanding of objective things. This way of thinking is directly influenced and restricted by the world outlook, outlook on life and values. Pattern is a magic weapon for lawyers to win. Because lawyers are professionals who make a living by playing regular games. The basic pattern of an excellent lawyer should be a broad mind, broad vision, detached attitude and a sense of family and country with responsibility in the world.
Only with a big pattern can we have a correct layout. The influence of the pattern on lawyers is mainly to observe comprehensive, dynamic, profound and detached things. Discover the essential law of the movement of things through phenomena, and plan the whole case with detached and independent rational thinking.
Overall planning. The premise of overall planning is the overall grasp of things. We should not only know the known conditions, but also grasp the context of things. Just like playing chess, some people know five steps at a time, see the end at a glance and walk step by step. Only with a broad vision can we have a well-thought-out plan and grasp the overall situation. Thus, the goal, direction and steps are determined. The master plan, that is, the top-level design, is closely focused on the core interests. Therefore, the core interests remain unchanged, and the top-level design should not change easily. Top designers, like the helmsman, always firmly control the general direction of events. Therefore, the decision makers and implementers of top-level design are generally well-trained.
Set the path. If the master plan is the blueprint for construction, then setting the path is the construction plan. The former is macroscopic and the latter is microscopic. The path is a concrete and personalized design and should be operable. We should choose the best path closely around the goal of the master plan. The choice and optimization of the path should consider all aspects, not the closer the better, to maximize the benefits on the premise of safety first, and then consider the time ratio.
Dynamic contingency. An important feature of lawyer's practice is antagonism. Confrontation in litigation is explicit, while confrontation in non-litigation is implicit. The process of confrontation is the practical process of subjective planning before testing, and it is the process of subjective and objective unity. As the saying goes? Plans can't keep up with changes? . Then dynamic contingency is to deal with the changes of realistic conditions in practice. Man proposes, God disposes, that is to say, it is impossible to completely predict the objective conditions of natural disasters, and knowing yourself and yourself is relative. Therefore, lawyers should know how to be flexible and flexible, not go all the way to the dark, and adjust their paths in time according to changes. Requirements in the path design? Three caves of cunning rabbit? Be prepared for the upper, middle and lower policies.
It is not difficult to see that overall planning is a strategy, path setting is a strategy, and dynamic response is a tactic. On the strategic level, we should pursue stability, build from a strategic height and grasp it from a global perspective; The policy layer requires multiple selectivity of paths; Tactical level should be flexible and operable. Tactics change rapidly, and opportunities are fleeting. The so-called response to change is unchanged, that is, the overall goal is unchanged, but the path and operation method are variable. The reason why foreign military orders are not affected is that it is now or never, and we must act arbitrarily.
A case is like a battle, with distinct levels. The experience of military struggle tells us that in a battle, commanders, generals and scholars should perform their respective duties from three levels: strategy, tactics and tactics. The same is true of the team integration of lawyers. This is especially true in individual cases, especially major cases. However, some cases may require lawyers to combine the three, which requires lawyers to change their identities in time. Looking up at the stars? Grasp it from a strategic perspective as a whole, or? Down to earth? Design path, improvise. Therefore, an excellent lawyer must have extraordinary bearing and grand pattern in order to shoulder the heavy responsibility and live up to his mission.
Only by cultivating a big pattern can young lawyers become excellent lawyers. Only deep roots can flourish. It's time for young lawyers to take root. They must calm down and settle down. At this time, we must regard learning as the top priority and learn to work hard. ? The sky will drop to Sri Lanka, so we must first suffer from its mind, bones and muscles, starve its body and skin, empty its body, and mess with its actions, so we must be patient and get what it can't do? .
First of all, we must establish firm confidence and affirm our own value. Then I may have some confidence or confusion in my work. This is the first time to deny yourself. This is a process of self-burning and self-transformation. We must treat this process correctly and not be pessimistic. At the stage of negation of negation, we will deny at a higher level and actually affirm ourselves. This is a negative law in the growth of lawyers.
Self-cultivation is a practical activity under the guidance of correct theory. Communicate subjectivity and objectivity with practice, so as to achieve the unity of the two. Correct thinking should be practiced, from which we can understand the law and sublimate the realm. If a lawyer can regard the practice of every case as practice, he will improve his life in the course of his career.