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101.
This synoptic article focuses on the origin and functioning of the Office of the Family Advocate as the protector of the interests of minor children in divorce cases. Attention is paid to the general contemporary trend to specialise in judicial decision-making that developed out of an increasing need for expertise in the administration of justice. A number of arguments for and against judicial specialisation are addressed. The origin of the Office of the Family Advocate within the South African judicial system is discussed and a brief exposition of the history of divorce legislation in South Africa is given. This is followed by attention to the functioning of the Office of the Family Advocate with reference to the process followed in investigations of this office and points of criticism against the system are highlighted. The article closes with an indication of the need for research in this regard and possible focus points for future research are identified. 相似文献
102.
We consider the problem of drawing inferences within a legal framework when a person is a suspect for two separate offences. Although we are primarily concerned with scientific evidence the issue inevitably arises as to how that evidence interacts with other, non-scientific evidence. We show that, in this particular context, the evidence can be conveniently classified into three categories that concern, respectively: the first crime only; the second crime only; and evidence that relates to similarities between the two crimes. Two case examples are considered and we consider DNA, fibres and eyewitness evidence. These are viewed from the perspective of a prosecutor who has to decide whether or not to charge a suspect with one or both crimes. Graphical sensivity analyses are presented which have features that are not intuitively obvious. 相似文献
103.
U.S. Supreme Court Justice Thurgood Marshall offered his opinion regarding the utility of public opinion polls as a tool for assessing the “evolving standards of decency” regarding capital punishment. His arguments became known as the Marshall hypotheses and spawned a considerable body of empirical testing. The three Marshall hypotheses are: (1) support for capital punishment is inversely associated with knowledge about it, (2) exposure to information about capital punishment produces sentiments in opposition to capital punishment, but (3) exposure to information about capital punishment will have no impact on those who support it for retributive reasons. The results of previous tests of these hypotheses were somewhat mixed but supportive. None of these studies, however, examined the effects of change in knowledge levels with changes, if any, in death penalty attitudes and beliefs as needed for a more complete test of the Marshall hypotheses. The present study addressed this shortcoming. The results provided mixed support for these three hypotheses. That is, death penalty supporters were somewhat less informed than death penalty opponents; exposure to death penalty information and knowledge gains tended to be associated with attitudinal change in a directions suggested by these hypotheses; but, retributivists' attitudes toward and beliefs about capital punishment were not any more resistant to change than were the attitudes and beliefs of non-retributivists. 相似文献
104.
Daniel B. Pickar 《Family Court Review》2007,45(1):103-115
Conducting child custody evaluations is one of the most complex, challenging, and sometimes risky professional endeavors that a mental health professional can perform. This article examines the professional and personal challenges which may be encountered by the evaluator. In addition to discussing the role requirements and need to maintain awareness of bias and countertransference, challenges such as coping with state board or ethics complaints and possible risks to personal safety are also addressed. Suggestions for risk management and coping with the demands of these assessments are offered, as well as the benefits and rewards of engaging in this important work. 相似文献
105.
106.
Interjurisdictional Competition and Regulatory Advantage 总被引:1,自引:0,他引:1
As formal trade and investment barriers fall, government regulations what once were domestic policy matters becomeissues of international concern. International commerce createsthe potential for competition among regulatory jurisdictions.This article explains why there is variation in these regulatorytrends. Three general trajectories are: (a) convergenceamong countries toward less stringent regulations in some cases,(b) convergence toward more stringent regulations in others,while in still other cases (c) differences persist among countries.I offer three (related) propositions which explain the differentregulatory trajectories: #1) Regulations on production processestend toward laxity; whereas product market-access regulationstend toward stringency. #2) Industrial structure affects thestrength of the process/market-access distinction. Powerfulfirms in concentrated markets facilitate collective action andregulatory capture. Dominant producers push for process andmarket-access regulations which reflect their interests, givingthem a competitive regulatory advantage in world markets. #3)The asset specificity of investments affects regulatory convergence.Low asset specificity leads to a competition-in-laxity; highmultinational asset specificity leads to convergence among jurisdictions(as firms seek to lower their transaction costs); and domesticasset specificity leads to differences among jurisdictions.Detailed case studies (on offshore banking, capital requirements,and infant formula) suggest the propositions are necessary tounderstand general outcomes, although not sufficient to fullyexplain individual cases. 相似文献
107.
Dean G. Pruitt Robert S. Peirce Neil B. McGillicuddy Gary L. Welton Lynn M. Castrianno 《Law and human behavior》1993,17(3):313-330
This article reports the results of a study of the antecedents of long-term success in community mediation. Seventy-three mediation sessions were recorded and content analyzed. The participants were interviewed at two points: immediately after mediation and 4 to 8 months later. No relationship was found between the quality of the agreements—i.e., the extent to which they solved immediate problems- and long-term success as measured by compliance, improved relations between the parties, and the absence of new problems. On the other hand, joint problem solving by the disputants was related to complainant perceptions of improved relations with the other party. Also respondent perceptions that the mediation had been fair and that all the problems had come out were related to all aspects of long-term success in the eyes of the complainant. The latter results support a procedural justice analysis of mediation and underline the importance of mediator attention to the respondent. 相似文献
108.
James D. Calder 《Crime, Law and Social Change》1992,17(1):1-23
The story of Al Capone's rise and fall as a Chicago gangster has always depended upon selective dissemination of federal agency records, particularly records of the Internal Revenue Service. Capone history, therefore, is state-sanctioned history. The IRS view of the Capone organization, and of the tax evasion conviction, cannot be easily challenged without access to the corpus of the IRS records. Unfortunately, these records remain sealed from public access, despite the fact that selective releases were made prior to 1977 to journalists, popular authors, film producers and historians. Continued secrecy over the Capone records perpetuates a state-sanctioned criminology of organized crime. Calder v. Internal Revenue Service
1 attempted without success to unlock the corpus of IRS-Capone records to investigate the state-sanctioned view. 相似文献
109.
110.
This study examined crime and violence against abortion clinics, testing elements of several theories that may help explain the variation of such attacks. The study theoretically and methodologically improved upon the prior research on abortion-related crime and violence. Theoretically, it investigated previously unexamined hypotheses from the social movement literature that may be relevant to this type of behavior. Methodologically, it used more careful measures for several variables, employed unique and heretofore ignored data bases, and examined hundreds of criminal acts across several types of crime (e.g., violence, vandalism, and harassment) directed at abortion clinics. Employing robust logistic regression and correcting for clustering of clinics by state, the study investigated the cross-sectional effects of state-level cultural and structural characteristics on anti-abortion crimes against clinics and staff. Results indicated that some crimes against clinics are more likely in areas where female empowerment is weaker, female victimization is more tolerated, and the anti-abortion movement has failed to reduce abortions. 相似文献