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121.
对帮助犯罪分子逃避处罚罪主体范围的理解和适用,见仁见智。以罪刑法定为指导对本罪主体进行法条解析:本罪之应然主体以“身份说”为主,兼采“职权说”,皆以负有查禁犯罪的职责为前提。查禁犯罪活动是从调查、发现犯罪人或犯罪事实开始,到立案侦查、审查起诉这一过程的活动。负有查禁犯罪活动职责的各级党委机关中的政法委工作人员,不能成为本罪之主体。 相似文献
122.
ABSTRACT The adivasi population represents a special case in India’s new land wars. Strong individual and community rights to agricultural and forest lands have been enacted for this group based on notions of adivasi identities as primeval, but without linking these to economic and political influence. This article interrogates the adivasi land question seen through a caste lens. It does so via case studies in two states to understand the ways in which adivasi identity can be mobilised for its instrumental value and used to demand land rights. In Andhra Pradesh, the Supreme Court’s Samatha Judgement has prevented virtually all private mining activities. In Jharkhand, however, similar legislation is seen to be trumped by the national Coal Bearing Areas Act, as well as by former and current land acquisition acts that allow industrial land claims to take precedence over identity-based ones. Available evidence indicates the challenges involved in bringing support for land rights that are premised on a supposedly unchanging adivasi identity when these rights go against dominant interests. This circumstance serves to highlight the possibilities present in caste analysis to understand the plight of adivasis, despite their usually distinct treatment in scholarly analyses. 相似文献
123.
Gazela Pudar Draško Irena Fiket Jelena Vasiljević 《Southeast European and Black Sea Studies》2020,20(1):199-219
ABSTRACTThis paper provides a comparative analysis of social movements’ characteristics and capacities to struggle against illiberal tendencies and incite political change in Serbia and North Macedonia. First, we discuss the illiberal elements of political regimes in the countries in question, Serbia and North Macedonia. Then, we provide a comprehensive overview of progressive social movements in the two countries, formed and organized as a response to different authoritarian and non-democratic tendencies. Finally, we point to some differences in their organizing, coalition-forging and issue-defining principles, which, we believe, may help to explain the relative success of social movements in North Macedonia in producing relevant political outcomes, compared to the weak political impact of social movements in Serbia. Empirical data were collected during the summer of 2018 through in-depth interviews with members of social movements in North Macedonia and Serbia. 相似文献
124.
Věra Stojarová 《Southeast European and Black Sea Studies》2020,20(1):221-236
ABSTRACTThe article concludes the Special Issue, Illiberal Politics in Southeast Europe, on the retreat of liberal democracy in the region. It focuses on the central themes that link all the papers together: free and fair elections, media freedom, judicial independence, privileged access to public resources and the role of civil society. It seeks to disentangle the causes and consequences of illiberal politics in the region and explores the similarities in the illiberal practices and strategies incumbents use with the aim of staying in power indefinitely. The main argument is that democratic backsliding in Southeast Europe is deeply rooted in the unfinished transitions of the 1990s, which gave rise to new political and economic elites and that blending those two into one resulted in the dominance of the executive over the judiciary and legislature. These new elites became entrenched during the wars and conflicts that affected the region. The enabling factors were of societal origin – clientelist practices, corruption, nepotism and mistrust in politics accompanied by external factors – as well as international pull and push factors (from the EU and Russia) along with a domino effect of democratic backsliding in the region. 相似文献
125.
Damir Kapidžić 《Southeast European and Black Sea Studies》2020,20(1):81-101
ABSTRACTIncremental democratic decline is evident in Bosnia and Herzegovina (BiH), but measures of democracy conceal an uneven subnational distribution of autocratization. So far there has been limited research on the drivers and constraints to subnational autocratization. This paper aims to contribute to the literature on power-sharing by exploring instances of illiberal politics enacted by parties in government at the subnational level in BiH. Evidence is gathered through semi-structured interviews and analysis of three specific cases of illiberal politics. We find that the political contest in BiH is purposefully contained within ethnic and subnational boundaries and constrained through several layers of institutionalized multilevel and ethnic checks and balances. The main drivers of subnational autocratization are opportunities that arise from the institutional framework established during early democratization and postwar structures that blend executive dominance with economic power and informal party networks, and occasionally from an individual actor’s perceptions of threat. Democratization in BiH will need to address subnational politics and deep-rooted power structures if it is to be successful. 相似文献
126.
Damir Kapidžić 《Southeast European and Black Sea Studies》2020,20(1):1-17
ABSTRACTDemocracy is backsliding throughout Southeast Europe but there are no signs of full democratic breakdown. Instead, political parties and their leaders incrementally undermine challenges to governmental authority while keeping electoral contest largely intact. This article introduces a special issue that aims to examine and explain democratic decline by looking at the prevalence of illiberal politics across countries and issues. In order to overcome the limitations of fixed regime classification we adopt a procedural lens and look into governing practices that gradually tilt the electoral playing field. Utilizing the concept of Illiberal politics allows us to examine sets of policies enacted by political parties in government with the aim to remain in power indefinitely. By tracing democratic decline in Serbia, North Macedonia, Montenegro, Bosnia and Herzegovina, Kosovo, Albania, and Croatia we observe different patterns of weakness, but also common causes arising from weak institutions and inherited governance practices that preserve executive dominance, patronage, and informality. 相似文献
127.
ABSTRACTWorkers’ resistance is crucial to understanding how the working class respond to the growing labour precarity in post-socialist China. The labour studies literature posits that inequality and volatile capital movements increase workers’ precarity and lead to stronger labour resistance, such as strikes. However, workers’ cognition as an integral part of resistance has been rarely studied. This article examines cognitive resistance by Chinese workers from different tier cities by looking at their social trust, class identity, understanding of policies and class solidarity. Despite capital movements and precarity causing more labour unrest, it does not necessarily lead to a stronger cognitive resistance. While inequality and precarity are greater in the more developed megacities with a shifting capital favourability, workers in megacities display a more conservative cognitive resistance than those from the lower-tier cities. This study of workers’ cognitive resistance provides insight into the future of the Chinese labour movement. It argues that the working class’s current cognitive non-resistance suggests that even if a window of opportunity were to appear in the wall of state oppression, workers are not cognitively prepared to coalesce into a coherent social movement that would bring about transformative changes. 相似文献
128.
Angela Maione 《Journal of Gender Studies》2019,28(7):777-788
ABSTRACTBoth Wollstonecraft’s fame and infamy are attributable to her lived experience as the woman author of the only radical republican feminist text published in the pamphlet war of the 1790s. Yet, her radical republican politics were divorced from her gender politics in the early reception. This paper argues that this separation was subsequently sustained in part by interpretive practices that rest on the suppression of the original split. It shows that over the nineteenth and twentieth centuries, both outside and within academia, the dominant interpretive tendency of neglecting Wollstonecraft’s radical republican politics has deradicalized both her historical political thought and her iconic image. This conventional reception has both enabled and limited the resources made available through Wollstonecraft to feminists throughout history. 相似文献
129.
Trade Measures and Climate Compliance: Institutional Interplay Between WTO and the Marrakesh Accords
Olav?Schram stokkeEmail author 《International Environmental Agreements: Politics, Law and Economics》2004,4(4):339-357
This article examines the potential of trade measures to induce more climate-friendly policies, focusing on the relationship between global trade rules and the Kyoto climate regime. At the core of this interplay is the normative consistency of trade-related rules in the two regimes and any hierarchical relationship between them. The stronger clout of the WTO and its compulsory dispute settlement system suggest that issues involving competing claims would be referred to WTO bodies. Such bodies have so far been restrictive regarding the exceptions in WTO agreements to the general ban on embargoes and discrimination. The normative compatibility of the two regimes will also depend on their participatory interplay, specifically how they differentiate groups of actors as to rights and obligations. Non-members of WTO receive the least protection, and their vulnerability to climate-related trade measures is largely determined by their interdependence with states that consider employment of such measures. Among WTO members, the findings of a dispute settlement body would presumably differ depending on the status of the target under the Kyoto Protocol. A non-complier with Kyoto commitments would be more shielded than a non-party, because by joining the Kyoto regime a non-complier has exposed itself to regime-internal and less trade intrusive measures that should be exhausted first. A third dimension of interplay is linkage, or efforts to influence the regime interplay. To date there has only been moderate cross-agency coordination, but considerable attention is paid within each regime, including in the Millennium Round of trade negotiations, to the desirability of avoiding conflict between them. 相似文献
130.
Clare L. Spark 《International Journal of Politics, Culture, and Society》2001,14(3):465-511
Few observers doubt that Gunnar Myrdal and Ralph J. Bunche had sharp methodological disagreements and differing approaches to tactics for ending the Negro problem. Myrdal has been criticized as a statist liberal and utopian moralist by recent cultural historians defending progressive nationalism (multiculturalism), while Bunche has been characterized as a vulgar Marxist, and, with Myrdal, a denigrator of black culture. Inspection of An American Dilemma in contrast with Bunche's research memoranda suggests that Myrdal represented himself as a Burkean conservative, while Bunche's analyses transmit the radical puritan libertarian tradition, but without rejecting social democratic remedies en route to working-class control of industry. Their shared emphasis on class-based remedies to end poverty and powerlessness, however, renders them similarly unassimilable in a period where the progressive left has generally embraced racial or ethnic identity, not class power, as the source of individual emancipation, mental health, and economic betterment. 相似文献