什么是约束性辩论原则
约束性辩论原则是直接决定法律效果发生或消灭的必要事实必须在当事人的辩论中出现,没有在当事人的辩论中出现的事实不能作为法院裁判的依据当事人一方提出的事实,对方当事人无争议的,法院应当将其作为裁判的依据,基于这一点,也就自然产生了自认制度。即一方当事人对对方当事人主张的与己方不利的事实予以承认的,法院应当将该事实作为裁判的依据,且不依职权对该事实进行调查。
什么是原则? 原则是什么意思
原则是什么意思 什么是原则?
什么是原则?你开始戒酒了,同事聚会时,领导举起酒杯,对你说,就喝这一次不碍事,别装了,你喝还是不喝?
你开始戒烟了,朋友递上一根,跟你说,一根不碍事,你抽吗?
原则重在实施,处在特定社会环境中,总会面临很多诱惑,或是抹不开的面子。
很多道理我们都知道是对的,比如读书、锻炼,但就是无法执拗的坚持。
什么是原则?怎样才能执拗的坚持原则?直到我读到了这本书——《原则》。
下面把其中的一部分翻译出来分享给你。
Time is like a river that will take you forward into encounters with reality that will require you to make decisions. You can’t stop the movement down this river, and you can’t avoid the encounters. You can only approach these encounters in the best way possible.
时间像一条河,带你顺流而下,让你遭遇各种现实情况,要你做出选择,你无法阻止这条河流淌,你无法避免一些情况发生,你能做的,就是竭尽全力去解决。
That is what this part is all about.
这就是这章我们要谈的全部内容。
Where I’m Coming From
我们从哪里来?
Since we are all products of our genes and our environments and approach the world with biases, I think it is relevant for me to tell you a bit of my background so that you can know where I’m coming from.
我们是基因和环境的产物、处在充满偏见的世界中,我认为有必要告诉你一些我的背景,以便你能知道我来自于哪。
grew up in a middle-class neighborhood on Long Island, the only son of a jazz musician and a stay-at-home mom. I was a very ordinary kid, and a less-than-ordinary student. I liked playing with my friends— for example, touch football in the street—and I didnt like the school part of school, partly because I had, and still have, a bad rote memory and partly because I couldn’t get excited about forcing myself to remember what others wanted me to remember without understanding what all this work was going to get me. In order to be motivated, I needed to work for what I wanted, not for what other people wanted me to do. And in order to be successful, I needed to figure out for myself how to get what I wanted, not remember the facts I was being told to remember.
我成长在长岛的中产阶级社区,父亲是爵士乐演奏家,母亲全职在家,我是他们的独子。我曾是个普通小孩,做学生时不太听话,我喜欢和朋友们一起玩,例如在大街上玩橄榄球,我不太喜欢我们的学校,总是教我们死记硬背,对于那些强迫我记住别人要求的事,我没任何兴趣。想要有积极性,我需要做我想做的事,而不是别人想要我做的事,为了成功,我需要知道怎么能得到我想要的,而不是做那些被要求的事。
Rote memory is memory for things that don’t have an intrinsic logic for being what they are, like a random series of numbers, words in a foreign language and people’s names all of which I have trouble with. On the other hand, I have a great memory for things that make sense in a context. For example, I can tell you what happened in every year in the economy and markets since the mid-1960s and how many things work.
死记硬背没有内在逻辑,就像随机号码,外语单词和人们的名字 所有这些都不是我擅长的,换句话说,我对有关联的事记得很清晰,例如我能告诉你,1960年以来,每年股市和经济领域发生了什么,哪些事起到了作用。
One thing I wanted was spending money. So I had a newspaper route, I mowed lawns, I shoveled the snow off driveways, I washed dishes in a restaurant, and, starting when I was 12 years old, I caddied.
我需要钱,所以我去送报纸、割草坪、清扫道路积雪、在饭馆洗盘子,我从十二岁便开始做球童。
It was the 1960s. At the time the stock market was booming and everyone was talking about it, especially the people I caddied for. So I started to invest. The first stock I bought was a company called Northeast Airlines, and the only reason I bought it was that it was the only company I had heard of that was trading for less than $5 per share, so I could buy more shares, which I figured was a good thing. It went up a lot. It was about to go broke but another company acquired it, so it tripled. I made money because I was lucky, though I didn’t see it that way then. I figured that this game was easy. After all, with thousands of companies listed in the newspaper, how difficult could it be to find at least one that would go up? By comparison to my other jobs, this way of making money seemed much more fun, a lot easier, and much more lucrative. Of course, it didn’t take me long to lose money in the markets and learn about how difficult it is to be right and the costs of being wrong.
1960年,股票市场很繁荣,很多人参与其中,特别是我做球童时服务的那些人,我开始投资,我买的第一支股票是东北航空这家公司,这是我当时知道的唯一一家每股小于5元钱的公司,所以我能买更多数量的股票,我相信这是好事。它涨了很多,这家公司即将破产,被另一家公司收购,从而涨了三倍,很幸运,我赚到了钱,但赚钱没有相继发生,我开始觉得这个游戏很容易,有成百上千的公司被列在报纸上,找到一支上涨的股票很困难吗?通过比较,我觉得还是这种赚钱方式有趣、容易,有利可图。当然,没过多久我就亏钱了,选对股票很困难,选错了的代价就更高了。
So what I really wanted to do now was beat the market. I just had to figure out how to do it.
所以,现在我真的想去做的是打败市场,我必须搞明白怎样去做。
The pursuit of this goal taught me:
对目标的渴望教会了我一些事情:
1 It isnt easy for me to be confident that my opinions are right. In the markets, you can do ahuge amount of work and still be wrong.
1坚持认为自己观点正确很不容易,在股市里,你可能做了很多但依然错误。
2 Bad opinions can be very costly. Most people come up with opinions and there’s no cost to them. Not so in the market. This is why I have learned to be cautious. No matter how hard I work, I really can’t be sure.
糟糕的意见成本很高,大多数给意见的人,其实不承担任何成本。股市不是这样,我学会了谨慎,无论我工作多么努力,我都无法确定市场走向。
3 The consensus is often wrong, so I have to be an independent thinker. To make any money,you have to be right when they’re wrong.
共识通常是错的,所以我必须变成一个独立思考者,为了赚钱,你必须做到,当别人错误时,你正确。
3.1 I worked for what I wanted, not for what others wanted me to do. For that reason, I never feltthat I had to do anything. All the work I ever did was just what I needed to do to get what I wanted. Since I always had the prerogative to strive for what I wanted, I never felt forced to do anything.
我做我想要的工作,而不是其他人要我做的工作,因为这个理由,我做事情从没有必须做的,我曾做的所有工作都是我需要做的和得到我想要的。我总是有特权为了我想要的而努力。我从不被强迫做任何事。
3.2 I came up with the best independent opinions I could muster to get what I wanted.For example, when I wanted to make money in the markets, I knew that I had to learn about companies to assess the attractiveness of their stocks. At the time, Fortune magazine had a little tear- out coupon that you could mail in to get the annual reports of any companies on the Fortune 500, for free. So I ordered all the annual reports and worked my way through the most interesting ones and formed opinions about which companies were exciting.
我把能得到的最好的、最独立的观点汇总到一起,当我想在股市中赚钱,我必须了解这家公司,然后评估这家公司股票的吸引力。那时,财富杂志有一些优惠券,你能通过邮件免费得到任何财富500强公司年报。所以,我订阅了所有的年报,找到最有趣的公司,提出自己的观点,找到有吸引力的公司。
The way I learn is to immerse myself in something, which prompts questions, which I answer, prompting more questions, until I reach a conclusion.
我学习的一种方式是沉浸在自己的事情中,提出问题,自己回答,进而提出更多问题,直到得出结论。
3.3 I stress-tested my opinions by having the smartest people I could find challenge them so I could find out where I was wrong. I never cared much about others’ conclusions—only forthe reasoning that led to these conclusions. That reasoning had to make sense to me. Through this process, I improved my chances of being right, and I learned a lot from a lot of great people.
我找到那些最聪明的人,把我的观点给他们,进行压力测试,以便我能知道我哪错了,我从不理会别人给的结论,而是观察这些结论的推理过程,这些推理过程对我有意义,通过这一过程,我让自己变得更好,我从很多伟大的人身上学到了很多。
This included my retail stockbroker, the people I was caddying for, even my local barber, who was equally engrossed in the stock market. It wasn’t as precocious as it sounds. At the time, instead of talking about the Yankees, everyone was talking about stocks. That was the world I grew up in.
这包括我的股票经纪人,我做球童时服务的那些人,甚至我的理发师,和我同样专注于股票市场 这不是早熟,那时,除了谈论洋基队,每个人都在谈股票,那就是我所成长的世界
3.4 I remained wary about being overconfident, and I figured out how to effectively deal with my not knowing. I dealt with my not knowing by either continuing to gather information until Ireached the point that I could be confident or by eliminating my exposure to the risks of not knowing.
我对过度自信保持警惕,对不熟悉的领域会有效处理,我会通过持续聚集信息,直到达到我确信的那个点,或者消除暴露在无知的风险中。
Sometimes when I know that I don’t know which way the coin is going to flip, I try to position myself so that it won’t have an impact on me either way. In other words, I don’t make an inadvertent bet. I try to limit my bets to the limited number of things I am confident in.
有时,我不知道硬币滑向哪面,我试着给自己定位,以便滑向哪面对我都没影响,我不会做不加思考的赌博,我会把有限的赌注放到有限的、我能确信的事情上。
3.5 I wrestled with my realities, reflected on the consequences of my decisions, and learned and improved from this process.
我和现实展开斗争,对决策结果进行反思,从这一过程中学习和改进。
By doing these things, I learned how important and how liberating it is to think for myself.
通过做这些事,我了解到,独立思考是多么重要,多么自由。
In a nutshell, this is the whole approach that I believe will work best for you—the best summary of what I want the people who are working with me to do in order to accomplish great things. I want you to work for yourself, to come up with independent opinions, to stress-test them, to be wary about being overconfident, and to reflect on the consequences of your decisions and constantly improve.
简言之,我相信,这是工作最好的方法,我想要人们和我一起工作,完成伟大的事,这是最好的总结。我想要你为自己工作,提出独立观点,对这些观点去提出压力测试,去警惕过度自信,去反思你做出决策结果和不断的改善。
|什么是约束性辩论原则
什么是原则? 什么是约束性辩论原则 原则意思