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31.
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Lutz Oette 《Criminal Law Forum》2014,25(1-2):291-321
The article looks at the records of both the United Nations War Crimes Commission (UNWCC) and national courts with respect to the post-World War II prosecution of the crimes of torture and ill-treatment. It illustrates how the UNWCC and national courts dealt with the relevant legal questions, applicable laws, crimes at hand, as well as issues of retroactivity and defenses. The article also discusses the UNWCC’s contribution to the development of relevant international law, both in terms of state practice and precedent. Finally, it acknowledges the legacy of the UNWCC and post-World War II prosecutions, which constituted a collaborative effort to bring perpetrators of international crimes to justice.  相似文献   
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Abstract

Building on studies on the political business cycle, the literature on welfare state retrenchment has argued that governments which cut the welfare state try to avoid blame by implementing painful measures in the beginning of the mandate and expanding benefits as elections approach. In contrast to this linear relationship, this article argues that governments often feel pressured to fulfil (mostly expansionary) campaign promises during the first months in office. Consequently, cutting right away is not what should be expected. Instead, a more nuanced, U-shaped timing trajectory is probable with a period in the beginning characterised by both cuts and fulfilment of expansionary pledges, followed by a period of cutbacks, and finally an expansive phase towards the end of a mandate. This argument is tested on our new original dataset of legislative changes in five European countries – Britain, Denmark, Finland, France and Germany – during the last four decades.  相似文献   
34.
Most of the scholarly literature on European Union immigration policymaking has emphasized the predominance of governmental actors. The major changes entailed in the 2009 Lisbon Treaty, however, imply a significant increase in supranationalism and necessitate rethinking earlier conclusions. Exploring the concomitant rise of policy entrepreneurship traits in the actions taken by the European Commission, this article emphasizes the role of discourse structuration in managing policymaking in a contested and controversial policy domain. The Commission is thus gaining more influence and importance, partially facilitated by institutional changes in the Lisbon Treaty, but mainly due to astute policy entrepreneurship in facilitating consensus. Framing problems in a fashion that maximizes potential agreement by member state governments facilitates political agreement regarding potentially divisive policy proposals. Discursive elements are created and circulated that are designed to appeal, render political implementation at the national level unproblematic and, in some cases, are deliberately bipartisan in nature. Thus, great rhetorical emphasis is placed on linking policy with competitiveness, economic growth and the Europe 2020 agenda to appeal to centre-right concerns, but in the case of temporary migration links are also constructed to centre-left issues, including enhancing migrant rights, avoiding exploitation and creating benefits for sending countries. Empirically, the article focuses on the politics surrounding the genesis of the directive on highly qualified migrant workers (the so-called Blue Card) and the migrant seasonal workers directive.  相似文献   
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Cannabis products have been administered for many centuries; today, cannabis is the most widely used illegal drug all over the world. Nevertheless, the interpretation of cannabis findings in blood with regard to consumption behaviour and/or estimating the elapsed time since the last cannabis use is still a very challenging task. A wide variation of pharmacokinetic parameters has been observed even in experimental studies. Different chemical structures of precursors, smoking dynamics, pyrolysis of phytocannabinoids and frequency of drug use affect the amount of THC absorbed. Polymorphic enzymes are involved in phase-I-metabolism of THC. Pharmacological effects of other cannabinoids or medication on the pharmacokinetics of THC have not yet been studied in detail. Hydrolysis of cannabis conjugates may occur during storage of blood samples and processing of specimens for analysis; knowledge on the stability of cannabinoids in forensic specimens is still poor. Whether determination of cannabinoid conjugates may be useful is a matter of further consideration. At present, the broad variation of pharmacokinetic parameters and the limiting factors discussed in the present paper should be taken into account when using data from experimental studies for interpretation of analytical results in forensic case work.  相似文献   
37.
Most industrialized countries apply special tax incentives to boost the R&D expenditures of firms. This study considers the design of such R&D tax incentives as applied in the European Union and simulates its effect on the post-tax R&D expenditures of firms in different industries and different profit/loss-situations by means of the simulation model European Tax Analyzer. Any restrictions and progressive tax incentives are explicitly taken into account. Our results indicate that for designing and measuring public support to R&D it is often not sufficient to focus only on tax rate effects of R&D tax incentives and the design of a tax incentive must be in accordance with the framing tax system in order to be effective. As soon as there are any limitations in place, our results suggest a considerably lower impact of R&D tax incentives on the post-tax R&D expenditures than the commonly used B-Index by the OECD. The results clearly illustrate the beneficial impact of immediate cash refunds for unused tax incentives.  相似文献   
38.
Investigating the effects of privatization in transition countries is the focus of a large body of current research. Generally, privatization stimulates private sector development, attracts foreign direct investment, fosters competition and contributes to the formation of stock markets. In addition, privatization may improve individual enterprises’ performance. This paper investigates the impact of privatization on Ukrainian firms’ productivity. The empirical research is based on a sample of 466 Ukrainian joint-stock enterprises for the period of 1997–1999. Estimation results indicate that privatization positively influences labor productivity, sales and profitability, but also that these effects diminish over time.
Stefan Lutz (Corresponding author)Email:
  相似文献   
39.
For 12 volunteers of a drinking experiment the concentration–time-courses of ethyl sulfate (EtS) and ethanol were simulated and fitted to the experimental data. The concentration–time-courses were described with the same mathematical model as previously used for ethyl glucuronide (EtG). The kinetic model based on the following assumptions and simplifications: a velocity constant kform for the first order formation of ethyl sulfate from ethanol and an exponential elimination constant kel. The mean values (and standard deviations) obtained for kform and kel were 0.00052 h?1 (0.00014) and 0.561 h?1 (0.131), respectively. Using the ranges of these parameters it is possible to calculate minimum and maximum serum concentrations of EtS based on stated ethanol doses and drinking times. The comparison of calculated and measured concentrations can prove the plausibility of alleged ethanol consumption and add evidence to the retrospective calculation of ethanol concentrations based on EtG concentrations.  相似文献   
40.
Political strategy matters – especially in the case of unpopular reforms. This is the main argument of this article. It shows that the analysis of political strategies gives complementary insights into the causal mechanisms of reform politics. It helps us to understand how political actors successfully implement unpopular reforms. The article provides empirical evidence for this claim by means of an analysis of adjustment efforts in Sweden, Belgium, Canada and France during the 1990s. It is shown that governments acted strategically in two areas: they used strategic manoeuvres in the political sphere in order to circumvent veto players. And they employed strategic organisation and communication in the public sphere in order to dampen the risk of being punished by voters for the implemented policies.  相似文献   
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