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Solution. Another explanation weakens the malice of the purpose of the behavior, and understands "rushing" as stealing and picking up things on the roadside. Liu Baonan quoted Huai Nan Zi Zhu from The Analects of Justice, which is an explanation of "liveliness", and Zhu also holds this explanation. As a representative of contemporary scholars who maintain the legitimacy of "anonymity", Guo Qiyong also supports the explanation of theft. Perhaps in the eyes of scholars, the malicious determination of the purpose of behavior can affect the final evaluation of the idea of "hiding relatives" to a certain extent.
(2) Straight: Three understandings about the basis of actors.
In the dialogue between Confucius and Ye Gong in The Analects of Confucius, there are two kinds of straightness involved. The former was praised by Ye Gong, while the latter denounced his father's "straight bow" integrity. The latter is the "straightness" in Confucius' mind. In the past, the understanding of "straightness" was relatively simple, and its meaning was basically a description of behavior facts, so we can take it as a person's name code or call it a straightforward person. The key to the problem lies in the understanding of the latter "straightness", that is, the true meaning of straightness in Confucius' mind. Summarizing the discussions of ancient and modern scholars can be summarized into the following three explanations:
1. Emotional theory. In ancient times, the representative figure of this interpretation was Zhu. According to his Neo-Confucianism, he linked the love between father and son with justice, and thought that as long as it was out of true feelings for the father, the child's behavior would not be unreasonable. "Therefore, it is not straight, but straight in it." Among modern and contemporary scholars, there are also many people who support the theory of emotion, such as Feng Youlan and Li Zehou. Feng Youlan understands "straightness" as the internal and external unity and consistency of people's true feelings (internal) and external behaviors (external). In the incident of "the father took his anger out on the sheep", the son did not want his father to be humiliated because of the exposure of "taking his anger out on the sheep". This humiliation came from the true feelings of people. The so-called "straightforward is called from it, and contentment is called contentment." Li Zehou distinguished the understanding of the meaning of "straightness" in ancient and modern times. He emphasized that the "straightness" in Confucius' mind is not the social justice and legal fairness we understand today, but the simplicity and authenticity of emotions. We can admit the rationality of emotion theory, but we can't deny its defects: the real emotion of the actor as his motivation may not necessarily have a good result, which goes without saying. In order to properly and satisfactorily solve the incident of "his father is busy herding sheep", it is far from enough to rely solely on the authenticity of emotions.
2. Rational separation theory. This explanation can be found in Fan Ning, a scholar in the Eastern Jin Dynasty: "The husband is so-called straight, not lost. Father and son don't hide from each other, hurting teaching and breaking righteousness, and being unfilial. How can it be true? Therefore, hiding from each other can be described as straightforward. " As a theoretical explanation, it was put forward by Lao Siguang, who believed that the theory of dividing points attributed the basis of everyone's code of conduct to their own identity and status. The criterion for judging whether a person is "straight" is whether he is conscientious. As far as sons are concerned, fathers should not be regarded as passers-by For passers-by, it seems understandable to report a "busy sheep", but as a son, it is unreasonable to report his father. The theory of dividing points also has its merits, but like the theory of emotions, it still does not give a specific method to achieve good results. Moreover, if people's behavior is demarcated too much, the theory of reason and division will also fall into contradiction. Because everyone's identity is not single, of course, as children, we have reasons to be children-points, but at the same time as social citizens, we also have reasons-points to cash. How to deal with conflicts between different causes seems to need a new foundation.
3. Emotional-rational integration theory. This explanation is advocated by some scholars represented by Guo Qiyong. This explanation can be described as the perfection of emotional theory: on the one hand, like emotional theory, supporters of emotional-rational integration theory insist that human behavior should follow their true feelings; ? On the other hand, they believe that the straightness here is not a simple natural expression of emotion, but the straightness of emotion and reason, which is the wisdom to distinguish emotion from reason in specific situations and properly handle public-private relations. This explanation seems to be the most appropriate, but it is still debatable. Their explanation of the integration of emotion and reason in the event of "His father was busy herding sheep" was realized through the specific definition of the situation, that is, on the one hand, it weakened the malice of behavior by declaring that "busy" meant stealing, on the other hand, it eased the tension between emotion and reason by declaring that "hiding" meant inaction rather than hiding and covering up. This limitation will inevitably affect the universal applicability of the theory of emotional-rational integration. The true "straightness" in Confucius' mind, in addition to the integration of emotion and reason, should also add the level of "things", that is, the unity of emotion, reason and things. And "thing" refers to specific behavior. From the above three explanations, it seems that only children's negative inaction can be seen, and the answer to what children should do from the positive side can only be found from the "hidden" understanding.
Concealment: the way and standard of behavior.
The understanding of "concealment", combined with the exposition of ancient and modern scholars, can be summarized into the following three viewpoints: First, the theory of silence. Zheng Xuan's understanding of "concealment" is not to praise parents' faults, but to be silent and passive. As far as its positive role is concerned, some contemporary scholars advocate that "several exhortations" should be included in the concept of silence as a way to persuade parents to correct their mistakes. At the same time, "admonition" is an effective way to prevent behavior. In addition to euphemism, Wang Fuzhi also extended it to have it both ways to prevent delays. Theoretically speaking, this way can really eliminate the tension between emotion and reason at the source and avoid the ethical dilemma that really leads to a big mistake and has to face difficult choices. Secondly, the theory of "name", which is a new theory put forward by scholars in recent years. In this view, "concealment" is understood as "concealment", the original meaning is an instrument to correct wood bending, and it is extended to correct human behavior. Another scholar put forward a similar theory of national subjugation. Once put forward, these two explanations have been questioned by other scholars. Although these two explanations lack strong direct evidence in terms of meaning interpretation, as far as the theory itself is concerned, the specific behavior they emphasize is essentially the same as that of "several admonitions". Therefore, there is no essential difference between the shackles theory and the silence theory, but the emphasis is different.
In addition, the theory of tolerance and concealment was also an influential statement in ancient times. Zhu held this view and took the murder as an example to prove it. This statement was first seen in The Theory of Salt and Iron. However, the influence of tolerance theory is far less than that of ancient times, perhaps because in the eyes of contemporary people, the proposition of tolerance theory obviously violates social justice. Moreover, from the perspective of maintaining the legitimacy of the thought of "relatives hiding from each other", adopting the view of concealment theory will greatly increase the difficulty of our argument.
(4) Summary of the above theories.
From the three views of understanding "concealment", the other two views except the theory of concealment are actually different views of "several admonitions", and it is difficult to provide practical solutions for the realistic tension between social justice and father-son affection, whether it is to prevent the delay beforehand or to gently advise afterwards.
The reason why these two views can't come up with a practical solution is because the theory of silence advocates not praising parents' mistakes, which is of course a solution. However, the essence of this method is a kind of negative inaction, and it is difficult to realize its original intention of protecting parents from harm in specific situations: on the one hand, we can imagine that if the owner asks the children of the sheep dealer about the whereabouts of the sheep, it is difficult for the children to remain silent, and if the children hide their father's behavior from them, this practice itself will no longer be a silent proposition and slide to concealment; On the other hand, if the evidence of the father's "herding sheep" has been mastered by the government, then the inaction of the children at this time will no longer have practical significance. Whether it is the theory of silence or the theory of shackles, it is difficult to provide us with behavioral choices suitable for this situation. Among the above viewpoints, the view that "his father is busy herding sheep" can provide positive behavior measures for children is just a theory of concealment. However, the reason why most contemporary scholars do not adopt the theory of anonymity has been mentioned above. However, in my opinion, we can't arbitrarily conclude that the proposition of concealment theory is completely contrary to social justice, but we should return to the specific historical situation and re-examine the relationship between them.
Second, the rationality of concealment theory in a specific historical situation.
(A) "Angyang" sentencing standards textual research
On the issue of "slaughtering sheep", scholars in ancient and modern times often only discuss the meaning of "slaughtering sheep", and are entangled in whether "slaughtering sheep" is stealing sheep or maliciously stealing sheep, but rarely pay attention to the sentencing of "slaughtering sheep" as a criminal act at that time. But in fact, this problem is directly related to our judgment on the rationality of concealment theory. Through the analysis of the existing literature, we can find that the sentencing standard of "disturbing sheep" as a criminal act was extremely strict at that time. Take Lu Chunqiu's History of the Party as an example;
"Chu has a straight bow, his father steals sheep, and he is on it. If you persist, you will be punished. If you bow straight, please ask seek fortune for oneself. Will punish, tell officials:' Don't you believe that my husband stole the sheep and still sneer at it? Isn't it filial to be replaced by my father? "King Jing is not punished. Confucius said:' If you are different, believe it. A father was named after him. "Therefore, a straight letter is better than no letter. "
According to Lu's Spring and Autumn Annals, the father of Zhigong committed the crime of stealing sheep. As can be seen from the article, this kind of behavior will be sentenced to death (penalty) under the criminal system at that time. As evidence, Dong said that in the seventh national examination, Liu Xiang's Notes on Mencius was quoted, which described the punishment of Chu at that time: "The king of Chu was a thief, but the country didn't pick up the remains and didn't come and go at night." There are two explanations for why the Chinese people dare not accept King Wen of Chu's punishment of thieves. The first explanation is that the sentencing standard for picking them up is the same as that for thieves. The second explanation is that it is difficult to distinguish between scavenging and stealing. Just like in the "his father was busy with sheep" incident, I'm afraid not only our contemporary people were unclear, but also people at that time were hard to understand, so the government adopted strict standards of suspicion, so "the country didn't pick up the remains, and it didn't go home at night." In this sense, the true meaning of "busy sheep" has lost the value of discussion. In addition to this example, we can also quote a sentence from Li Kui, a legalist in the Warring States Period, in his "Fa Jing": "A thief guards his pawn, and if it is serious, he will be punished, and those who peek at the palace will die." Li Kui lived in the early Warring States period, not far from the late Spring and Autumn Period when Confucius lived. His remarks also represented the general view of severe punishment at that time. The punishment mentioned in it is not only Wei's patent, but also recorded in Chu Ci. The most famous example is the story of Bian He Sanxianyu, in which Bian He was punished twice. From these examples, it can be seen that whether the mystery of the father of the straight bow is solved does not affect our judgment that he is likely to be punished by corporal punishment. As far as the specific punishment for "herding sheep" is concerned, the punishment in the above three cases is the heaviest punishment, followed by death penalty and ink punishment. In addition, Han Feizi also records that "his father is busy with sheep": "Chu has a straight bow, and his father steals sheep, which is an official. Lingyin said, "Kill it. "I thought I was straight to the king and bowed to my father. I was guilty." Here, although the ending of straight bow is quite different from that in Lv Chunqiu, it also reveals similar information, that is, since the reason why straight bow was killed was "going straight to the monarch and surrendering to his father", then his father should be punished for putting him in danger-death penalty. Therefore, there should be no disparity between the punishment that the father of the straight bow should have received and the death penalty. To sum up, the punishment suffered by the father of the straight bow is likely to be greater than or equal to the punishment and less than or equal to the death penalty.
(B) social justice and filial responsibility
In the contemporary society ruled by law, it is obviously impossible for the law to impose the death penalty or corporal punishment on "herding sheep", and to impose cruel corporal punishment such as gouging out punishment and ink punishment on "herding sheep". Such punishment undoubtedly goes beyond the limits of maintaining social justice in today's society. Of course, to prove the rationality of the theory of tolerance and concealment in a specific historical situation, in addition to proving the cruelty of punishment, we must also make clear whether this cruel punishment conforms to the social justice at that time, rather than simply judging it from the perspective of contemporary people.
Take the allusions used by Chu Cai in Zuo Zhuan's Twenty-six Years of Xianggong as an example. Phonon, as the envoy of Cai to Chu, discussed the talent problem between Chu and Jin, another powerful country in the Spring and Autumn Period, with Ling Yin of Chu at that time. Phonons believe that Jin Du is difficult to compare with Chu in both quantity and quality. But as far as the fact is concerned, a large number of outstanding talents in Chu were introduced by Jin. Phonon keenly pointed out the crux of the brain drain problem that occurred in the Spring and Autumn Period. The reason why the brain drain in Chu is so serious is that there are too many penalties for lewdness in Chu. "Today, there are many lewd punishments in Chu, and its doctors have fled from all directions, seeking their masters to harm Chu, which is hopeless." Prostitution is a kind of torture, which contains a lot of lust. Scholar-bureaucrats still can't stand the harsh laws, and the degree of recognition of ordinary people can be imagined. It is not difficult to imagine that such cruel punishment was not only recognized by contemporary people, but also difficult to be accepted by people from all walks of life at that time. Therefore, it is difficult to establish the conclusion that tolerance is completely contrary to social justice. It is the children's responsibility to protect their parents from torture. As the saying goes, "There are three kinds of filial piety: filial piety, followed by humiliation, which can be raised." The story of Ti Ying saving his father in Historical Records is a good example. In order to save his father who was framed and imprisoned, Ti Ying wrote to Emperor Wen of Han Dynasty, asking for exemption from corporal punishment of his father. Moved by Ti Ying's filial piety, Wendi not only pardoned Ti Ying's father, but also abolished corporal punishment.
Through the above discussion on the possible torture suffered by the father of Zhigong, we can find that we must never ignore the great difference between ancient and modern punishments, criticize the theory of concealment from the perspective of modern people, or even completely deny the view that "relatives hide from each other." Of course, extorting a confession by torture, after all, is only an external specific condition, which is not enough as a necessary condition and fundamental basis to support the rationality of the theory of concealment or even "relatives keep secrets from each other". Otherwise, once this specific condition is removed, that is, in today's increasingly perfect rule of law, can children prove their father's crimes without scruple? The answer is obviouslyno. Back to the incident of "His father was busy with sheep", Confucius didn't agree with the practice of straight bow, not because his father was finally pardoned for torture, but because straight bow proved his father's motivation-taking a straight name. As the saying goes, "Father and son are divided into one family and never leave". The straightness of "straight name" here is the straightforward behavior praised by Ye Gong, not the straightness in Confucius' mind, that is, the unity of "emotion-reason-matter". This also requires that children's behavior not only comes from true inner feelings, but also fulfills children's accusations, gives consideration to social justice, and finally obtains satisfactory behavior results. In order to explain the realization of this unity, especially the satisfactory behavior result, it is necessary to make specific methodological differences and requirements for "concealment of relatives"
Three levels of "concealment"
(A)' hidden' and' several admonitions'
Specific method requirements. Since the content of "several remonstrances" is slight remonstrance, light remonstrance. Therefore, in terms of specific behavior, whether it is treating parents at ordinary times or "several exhortations" to parents, children are required to be "hard-natured": "If you have something to do, your disciples will do it. There is wine and food, sir. I used to think I was very filial? " There are two interpretations of "color" in The Analects of Confucius. One explanation refers to the "color" of parents, that is, when children get along with their parents, they can always pay attention to their parents' colors, so as to understand their parents' minds; Another explanation is that "color" means children's kindness to their parents. For the meaning of "color difficulty", Zhu adopted the explanation of the sacrificial article in the Book of Rites: "If a dutiful son has deep love, he must be kind; With goodwill, there will be joy; Color is empty, there must be grace. " Therefore, he believes that when getting along with and serving parents, the most difficult thing is to be kind to parents. However, if children's deep love for their parents is regarded as a necessary and sufficient condition to overcome "color difficulty", then the so-called "difficulty" here is just like the old man breaking branches, which is unnecessary. However, in the case of "father is busy herding sheep", we can see the difficulty here, that is, how to help father correct his mistakes without hurting his feelings.
Among them, being kind to parents is obviously related to "several admonitions". No matter whether you remonstrate at the slightest sign or politely remonstrate, you must be kind to your parents, on the one hand, to avoid or make up for mistakes, on the other hand, to make your parents angry and sad. Therefore, in the event of "his father is busy with the sheep", the objects of "concealment" include not only the owner of the sheep and the judicial organs, but also the parents of "straight bow".
(2) "Respect" and concealment of father
The reason why we should be gentle when exhorting parents is because we should not hurt the feelings of father and son. The reason lies in "respect": "Ziyou asked about filial piety, and Confucius said,' Today's filial piety can be raised. As for dogs and horses, you can keep them, but you can't keep them. "Why not?" According to Confucius, the fundamental difference between "filial piety" and "unfilial" lies in "respect." "Yan Tie Yang" says: "Confucius said:' Today's filial piety is to be able to support, why not? "So filial piety and ambition, followed by color and body. The so-called "color cultivation", that is, the "color" of "color difficulty", can be the color and intention of parents, or the goodwill shown by children when they serve their parents. The highest state of "filial piety" mentioned here is "raising ambition", which comes from the story of Zeng Shen serving his father: "If you raise Zeng, there must be wine and meat. Will be thorough and please. If you ask for spare time, you must say' yes'. Once dead, once raised, there must be wine and meat. Be thorough, don't ask for it. Yu Yu asked, and he said, "I'm dead. -It will also be re-entered. This so-called oral food body is also. If you are in Ceng Zi, you can improve your ambition. If you are close to Ceng Zi, so can you. When Zeng Yuan served his father, he only acted according to his own ideas, regardless of his father's wishes. Even if his father doesn't show it on the surface, he must be depressed in his heart. In terms of methods, Zeng Yuan didn't do it, but the fundamental reason was that he didn't care about his father's wishes, so Mencius thought he didn't do it. We can regard "fostering ambition" as a practical manifestation of children's respect for their parents when dealing with the relationship between father and son. As far as the relationship between "keeping record" and "keeping color" is concerned, "keeping color" is the methodological requirement of "keeping record" and "keeping record" is the behavioral motivation and purpose of "keeping color".
Respect for parents should be reflected in all situations where children live with their parents. Children should respect their parents under whatever circumstances, that is, "father and son are one, sharing weal and woe". It seems not difficult for children to respect their parents, because they are raised and taught by their parents. However, when parents make mistakes and are in moral and personal difficulties, they can still respect their parents. This consistent "respect" is the true "respect" of children to their parents. Because this means that children will always consider their own behavior in their interaction with their parents and incorporate the honor and disgrace of their parents into their behavior evaluation. In the "father is busy herding sheep" incident, out of respect for his father, on the one hand, children should actively take measures to correct his father's mistakes and make up for his mistakes; On the one hand, children should also pay attention to the proper way when remonstrating with their fathers. They can't ignore their father's wishes and hurt his feelings, and they can't get into trouble and get a straight name because they report their father, like those who bow straight.
(C) "hidden" three levels
Combining the above discussion on the relationship between severe punishment and social justice, the analysis of related ideas in the Analects of Confucius and the discussion results of ancient and modern scholars, we can divide "tolerance" into three levels from two levels of theory and practice: the first level is tolerance in the bud, that is, preventive measures. Children should pay attention to observation at ordinary times. Once parents make mistakes at ordinary times, children should find out and make suggestions in time. Take preventive measures against delays and nip the wrong signs in the bud. However, when remonstrating, we should adopt a tactful and kind way and take into account parents' feelings. Moreover, when remonstrating, children should realize that their parents' problems are their own, and don't think of themselves as bystanders standing on the moral high ground to judge their parents. The second level is the cover-up when making mistakes, that is, making up. If parents are at fault and cause losses to others, on the one hand, children should replace their parents, try their best to compensate each other's losses and strive for each other's understanding; On the one hand, children should gently persuade their parents. In this process, they should actively communicate with their parents and respect their wishes. They can neither directly tell their parents' mistakes, ignore their parents' feelings and make them angry, nor make them feel sad and guilty, thinking that they are dragging their children down.
The third level is to protect parents from unreasonable and excessive punishment. In a modern society ruled by law, the law protects the legitimate rights of both victims and suspects, which has become the basic common sense of our contemporary people. In contemporary society, if parents are unfortunately imprisoned, we can make up for the victims' losses in time by hiring lawyers for parents and strive for parents' commutation. During the Spring and Autumn Period, the law lacked the protection of people's legitimate rights. In order to avoid cruel corporal punishment, the children took hidden measures to protect their parents' personal safety. According to the above statement, it does not violate social justice.
Finally, in my opinion, the meaning of "concealment" should not only be used as a measure to deal with the crisis when parents make mistakes, but also as a way of behavior when parents get along with their children in daily life. This kind of "concealment" is different from the so-called privacy right originated in the west. The latter first prepares the life field of parents and children, and then draws a line on it to vividly draw a private territory of children that parents can't set foot in. Compared with Confucius' meaning of "concealment", it is similar but not similar. The life situation of parents and children, unlike signing a contract, stipulates the behavior norms and boundaries of both parties. If there is a boundary in this situation, it must be vague, and the whole situation is also full of many unclear and vague areas. Children should not rush to make these areas clear and ready-made, but should
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