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111.
Alfonso Ruiz Miguel 《Ratio juris》1997,10(4):372-391
The paper explores the nature of the principle of equality before the law, understood as the formal justice criterion that like cases must be treated alike, as a rationale of the rule or system of precedent. The first part discusses and rejects Kelsen's thesis on the conceptual insignificance of that principle in the sphere of the application of the law, identified uniquely with a logical criterion related to generality of rules and simple legality. The second part argues for the ethical relevance of equality before the law as a reason for a legal system to have a rule of defeasibly binding precedent. 相似文献
112.
Milagros Álvarez‐Verdugo 《European Law Journal》2015,21(2):161-179
Among the constitutional tensions at the heart of the European integration process, the relationship between ‘mainstream’ EU Law (framed by the Treaty on European Union) and Euratom Law has often been overlooked. Nonetheless, the EU's response to the nuclear power plant accident in Fukushima provides an opportunity to revisit this relationship. This article specifically aims to highlight the dysfunctions of the prevailing understanding of the Euratom's provisions on nuclear safety matters as well as to identify, under a joint interpretation of all EU Treaties, how to develop a European nuclear safety regime that reinforces the compensatory role of EU law and contributes to enhance the EU's legitimacy. 相似文献
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Inés de Águeda Corneloup Arthur P. J. Mol 《International Environmental Agreements: Politics, Law and Economics》2014,14(3):281-297
Being at the frontline of climate change, small island developing states (SIDS) hold a serious stake in climate negotiations. However, these countries usually are marginalized in the international political arena, due to their lack of structural power. This paper explores the strategic influence of SIDS and its representative organization, the Alliance of Small Island States, in the negotiations leading to the Copenhagen summit of December 2009. Using the concepts of leadership and discourses, the position, strategies, and impact of SIDS are analyzed on negotiation processes and their final outcome, focusing on three core demands of small island countries at Copenhagen: a temperature rise limit of 1.5 °C above preindustrial levels, funding for adaptation, and a legally binding outcome. Results reveal that SIDS practiced entrepreneurial, intellectual, and environmental leadership strategies and especially made use of moral claims in the debate. Given their near absence of structural power, they managed to secure a surprisingly large part of “their” agenda and interests in the final Copenhagen Accord, especially through (discourse) coalitions with various other state and non-state stakeholders. 相似文献
115.
Although the correlation between peer delinquency and delinquency is one of the most consistently demonstrated findings in delinquency research, researchers have focused primarily on the direct, linear, and additive effects of peers in statistical models, rather than on empirically modeling mediating, nonlinear, and moderating processes that are specified by theory. To address these issues, we measure respondent delinquency and peer delinquency with illegal substance use and then decompose the effect of peer substance use on self‐reported substance use. Logistic hierarchical models on a sample of adolescents from the Project on Human Development in Chicago Neighborhoods (PHDCN) indicate that the effect of peer substance use on self‐reported substance use is partially mediated by perceptions of the health risks of substance use. In addition, the direct statistical effect of peers is nonlinear: On average, the peer effect decreases at higher values of peer substance use, which is consistent with a “saturation” effect. We also find that the functional form of the peer substance use/substance use relationship is dependent on the neighborhood context. In neighborhoods with more opportunities for crime, the peer effect is initially strong but decreases as peer substance use increases, which is consistent with a saturation effect. Conversely, in neighborhoods with fewer opportunities for crime, the effect of peers is initially small, but as delinquent peer associations increase, the peer effect increases multiplicatively. 相似文献
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Marta I. Saloña Ph.D. M. Lourdes Moraza Ph.D. Miguel Carles‐Tolrá Ph.D. Victor Iraola Ph.D. Pablo Bahillo Ph.D. Tomás Yélamos Ph.D. Raimundo Outerelo Ph.D. Rafael Alcaraz M.D. 《Journal of forensic sciences》2010,55(6):1652-1655
Abstract: Arthropods at different stages of development collected from human remains in an advanced stage of decomposition (following autopsy) and from the soil at the scene are reported. The corpse was found in a mixed deciduous forest of Biscay (northern Spain). Soil fauna was extracted by sieving the soil where the corpse lay and placing the remains in Berlese–Tullgren funnels. Necrophagous fauna on the human remains was dominated by the fly Piophilidae: Stearibia nigriceps (Meigen, 1826), mites Ascidae: Proctolaelaps epuraeae (Hirschmann, 1963), Laelapidae: Hypoaspis (Gaeolaelaps) aculeifer (Canestrini, 1884), and the beetle Cleridae: Necrobia rufipes (de Geer, 1775). We confirm the importance of edaphic fauna, especially if the deceased is discovered in natural environs. Related fauna may remain for days after corpse removal and reveal information related to the circumstances of death. The species Nitidulidae: Omosita depressa (Linnaeus, 1758), Acaridae: Sancassania berlesei (Michael, 1903), Ascidae: Zerconopsis remiger (Kramer, 1876) and P. epuraeae, Urodinychidae: Uroobovella pulchella (Berlese, 1904), and Macrochelidae: Glyptholaspis americana (Berlese, 1888) were recorded for the first time in the Iberian Peninsula. 相似文献
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FRANCISCO GONZÁLEZ‐GÓMEZ ANDRÉS J. PICAZO‐TADEO JORGE GUARDIOLA 《Public administration》2011,89(2):471-492
Why do some local governments privatize water services, while others opt for public management? Economic literature has been unable to demonstrate that private management is more efficient than public management, so there must be other reasons that lead governments to privatize the service. But what are they? This paper presents the results of a study that analyses the factors behind the privatization of water services with data from 741 municipalities located in the South of Spain over a period dating from 1985 to 2006. A discrete choice model analyses the influence of each factor on the likelihood of privatization. One of the novelties of this paper is that we take the value of the explanatory variables at the time when water services are privatized. Among our findings, it is worth highlighting the importance of the size of municipalities, their financial burden and the neighbouring effect. 相似文献
120.