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Kay L. Levine 《Law & social inquiry》2003,28(1):39-86
In this article 1 offer a principled strategy for the courts to identify and to handle the uses of culture as a defense in a criminal proceeding. I begin by discussing the relationship between culture and behavior illuminated by sociologists of culture. I then explain the three categories into which cultural defenses fall–cultural reason, cultural requirement, and cultural tolerance–and the response of criminal courts in the United States to each. I argue that where culture offers an alternative explanation of the defendant's intent, it is highly relevant to determinations of criminal liability. However, where a defendant uses culture only to explain why he wanted to harm the victim and asks that the court be tolerant of such behavior, considerations of culture should not be allowed. In reaching this conclusion, I draw on theories of multiculturalism to consider the benefits and burdens of maintaining the facade of a "cultureless" criminal law in an increasingly heterogeneous society. 相似文献
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This paper examines the organizational structure and operations of Taiwanese organized crime and youth gangs in Southern California. In-depth interviews were used as the principle method of research. In contrast to transnational criminal conspiracy claims and the La Cosa Nostra model of vertically integrated organizations, our findings suggest that these criminal groups consist of discrete local Taiwanese youth gangs which operate as largely independent economic units that show no substantive and operational ties to criminal organizations in Taiwan. The formation of Taiwanese criminal organizations and gangs in Southern California is primarily governed by the availability of financial opportunities. Furthermore, both the inter-gang relations and intra-gang structures exhibit a distinct form of contractor arrangement which consists of market-like weak ties that are simultaneously circumscribed by the criminal embeddedness. We argue that that these economic weak ties, which seem to render conventionally understood criminal organizational boundaries administratively less meaningful, still function as an operationally significant governance mechanism of the organizational structures of American Taiwanese youth gangs. In addition, the paper discusses the implications that the embeddedness has on the somewhat paradoxical and incoherent organizational structure. 相似文献
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In this meta‐analytic study, we looked at all empirical studies that examined the effectiveness of court‐affiliated divorcing parents education programs (DPEs). Overall, we found that DPEs were generally effective. Nineteen studies with a DPE treatment group and no‐treatment control group had an overall significant moderate positive effect (d= .39); those who participated in DPEs were about 50% better off in terms of program outcomes compared to those who did not participate. The studies examined five specific outcomes: co‐parenting conflict, parent‐child relationships, child well‐being, parent well‐being, and relitigation; with most of these specific outcomes we found significant moderate effects ranging from d= .19–.61. However, there were important methodological limitations in this body of research, which are discussed. While more research is needed to confirm the positive potential of DPEs, we probably know enough to justify continuing and even increasing support for this recent social policy innovation. 相似文献
209.
While there has been much emphasis over the last decade on the science of nanotechnology and on the implications and risks
of potential applications, it is now timely to increase attention to the emerging dynamics of nanotechnology commercialization.
This paper examines, from a global perspective, where and how corporations are entering into nanotechnology innovation. The
paper tests the proposition that a significant shift has occurred in recent years in the orientation of corporate nanotechnology
activities—from research discovery to patented applications. It also examines the extent to which the character and structure
of corporate nanotechnology activity by country initially reflects national innovation system characteristics and prior public
research funding inputs in the stage when discovery is most emphasized. The results indicate that national innovation systems
characteristics are significant factors in the commercialization shift of nanotechnology and highlight the importance of innovation
system policy factors. We also observe the influence of cross-border international invention linkages, suggesting that national
innovation policies also need to be open and international in orientation. 相似文献
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Purpose. Delinquent behaviour among children and adolescents is escalating at a considerable rate. This has led to calls to lower the Age of Criminal Responsibility (ACR); however there is limited research on which to base such a decision. The present study addressed this omission by (1) assessing whether or not children can accurately distinguish right from wrong in relation to ‘real‐life’ transgressions and (2) investigating psychosocial factors that may constrain children from acting in accordance with their knowledge of what is right and wrong. Methods. A total of 452 students were recruited from five schools in Sydney, Australia. Forty percent of participants were younger children recruited from Year 5 classes in primary school (mean age of 10.49), and 60% were older children from Year 8 classes in high school (mean age of 14.29). All students completed a questionnaire measuring their understanding of right and wrong, their level of moral disengagement and delinquent behaviour, and their perceived self‐efficacy relating to academic achievement, empathy, and resistance to peer pressure. Results. The majority of children in both age groups demonstrated knowing the difference between right and wrong in relation to ‘real‐life’ transgressions. Further analyses using structural equation modelling (analysis of moment structures, AMOS) revealed that children who engaged in delinquent behaviour were unable to exercise this knowledge appropriately to regulate their behaviour. They were less able to resist peer pressure for transgressive conduct, had low levels of empathic and academic self‐efficacies, and disengaged from moral standards. Conclusions. Implications for policy change and future research directions are proposed. 相似文献