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41.
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Environmental liability and harmonization in the presence of transboundary effects and hidden assets
Henry van Egteren R. Todd Smith Andrew Eckert 《European Journal of Law and Economics》2006,22(2):143-163
Within the context of transboundary disputes, this paper seeks to determine which liability concept, negligence or strict
liability, performs better when assets are secure against foreign claims for transboundary damages. Our results indicate that,
if assets are hidden from foreign claims, strict liability will not implement the socially optimal outcome, but neither will
negligence. However, even though the socially optimal outcome is not always achieved, strict liability weakly dominates negligence.
These results suggest that the harmonization of statues that deal with transboundary pollution should be based on strict liability
not negligence.
JEL classification K32 · Q5
Smith and Eckert both thank SSHRC of Canada for financial assistance. We thank two referees for valuable comments that greatly
improved the paper and Matt Smith for his research assistance. All remaining errors are our responsibility. 相似文献
43.
In the battle to curry the favour of the fast-food consumer,McDonald's collided head on with its competitor Burger Kingat the beginning of this year; the key question in this disputewas whether Burger King was entitled to use the famous characterRonald McDonald in its commercials or whether, by doing so,Burger King was infringing the trade mark rights of McDonald's. 相似文献
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The future of public health law 总被引:1,自引:0,他引:1
L O Gostin 《American journal of law & medicine》1986,12(3-4):461-490
Developments in medicine and constitutional law dictate modification of public health legislation in the United States. Traditionally overlooked by legislators, present public health laws provide inadequate decision-making criteria and inappropriate procedures for dealing with issues. Revised legislation should provide health care officials and agencies with the tools to balance individual rights against public health necessities. This Article makes four recommendations for legislative reform: (1) remove artificial legislative distinction between venereal and other communicable diseases; (2) provide criteria defining "public health necessity" to limit discretionary exercise of police power by health officials; (3) provide strong confidentiality protections in the collection and storage of public health information; (4) empower public health officials to select from a graded series of less restrictive alternatives in dealing with public health problems. 相似文献
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Among the major transformations affecting Mexican women in recent decades were their growing participation in the labor market and the fertility decline that began in the 1970s with widespread access to contraception. Data from 3 major Mexican fertility surveys, employment surveys, and censuses are used to analyze changes in female employment and their determinants during the years of economic recession in the 1980s. The main characteristics of the Mexican fertility decline are described, and the relationship between fertility and female employment before and during the economic recession is scrutinized for different social sectors. Suggestions for research on the affects of these changes on the social condition of Mexican women are then presented. The proportions of Mexican women over 12 years old who declared themselves economically active increased from 16% in 1970 to 21% in 1979 and 32% in 1987. Until the 1970s the majority of employed women were young and single or childless. But a clear increase occurred between 1976-87 in the economic participation of older women in union. Economic participation of low income and less educated women increased as they sought work or created their own in response to deteriorating living conditions during the recession. Young women with intermediate or higher educational levels did not increase their relative presence in the labor market in the same period. The marked increase in economic participation of less educated women in union with small children was accompanied by a significant increase in manual occupations. Between 1982-87, the proportion of women aged 20-49 in nonsalaried manual occupations rose from 7.6% to 18.5%. Mexico's fertility decline has been well documented. The total fertility rate declined from 6.3 in 1973 to 3.8 in 1986, while the percentage of women in union using a contraceptive method increased from 30.2 in 1976 to 52.7 in 1987. Fertility differentials have been declining but are still considerable. The inhibitory influence of children on female labor force participation in Mexico is clear, but in the years of economic recession the most notable increase in female workers was in women with 3 or more children of whom the youngest was under 3. It appears that the influence of children on women's employment depends on the socioeconomic status of the woman as well as on the dynamism or sluggishness of the labor market. Research is needed on the significance of changes in fertility and female employment for women's status in Mexico. Several recent works have presented results of microsocial analyses of the ways in which women experience changes in their lives resulting from fertility and employment decisions. A methodological strategy for studying these changes and their influence on women's status should focus on comparisons between different generations and birth cohorts, different types of employment, and different socioeconomic statuses. Both macrosocial and microsocial forms of analysis are needed to provide a full picture. 相似文献
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