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1.
Generally, legislators and courts look upon noncompetition agreements unfavourably. This paper questions the assumptions underlying the traditional theories on noncompetition clauses and advances two theories that have previously not been found in the legal literature. It is argued that noncompetition clauses are used as a device to self-select employees who desire a long-term contract with the firm. Furthermore, employees agree to these clauses to guarantee that the employer will make specific investments in the employment relationship. The noncompetition agreement protects the creation and distribution of the surplus of the employment relationship. Legal restrictions on noncompetition clauses have the danger of decreasing the ex ante value of the employment relationship. The result will be lower investments and lower wages.  相似文献   
2.
张赛宜 《政法学刊》2010,27(4):104-107
反社会人格有很强的犯罪倾向,其所引起的违法犯罪行为最多。郑民生的犯罪心理体现了反社会人格犯罪的特点。反社会人格障碍引发的犯罪应当成为犯罪预防的重点。  相似文献   
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The Mexican Constitution, in the Poder Legislativo, grants state legislatures the authority to introduce legislation (iniciativas de ley) in the federal congress. In this paper the authors examine this powerful mechanism through which the Mexican state legislatures can directly influence policymaking at the federal level. Using a new data set of state-led initiatives, this work: describes the frequency with which iniciativas are introduced; describes the substance, timing, and final disposition of these state-led initiatives; and explains which factors affect the probability of presenting a state-led initiative. The authors find that party competition and partisan divisions at the state and federal levels play a significant role in the use of iniciativas de los congresos estatales. The authors’ study of this peculiar authority granted to the Mexican states contributes to the rich discussion of the changing role of the states in the era of Mexico’s nuevo federalismo.  相似文献   
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Abstract

The seriousness of the problem posed by adolescents who sexually abuse has been increasingly recognized and documented in recent years. The background characteristics of 51 adolescents aged between 13 and 18 years whc were referred to a specialist assessment and treatment facility for young sexual abusers are presented. Victim and abuse characteristics are also described. The results of this study were found to be broadly consistent with those reported in the recent North American and British literature, and support a multifactorial aetiological explanation for adolescent sexual abuse in terms of environmental, familial, interpersonal and developmental elements. Of particular note is a prior history of abuse and victimization and lack of protective parenting. Increasing knowledge about adolescent sexual abusers will aid the various agencies working with young people to recognize those who are at risk of future sexual abusing and to develop appropriate therapeutic interventions.  相似文献   
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The autonomous elections held on 25 May 2015 took place simultaneously in 13 of the 17 Spanish autonomous communities (CCAA), leading to the most profound change in the autonomous party system seen in Spain in the last 20 years. A significant number of Spanish citizens hold the two main parties—the PP and the PSOE—responsible for being unable to solve their economic problems and for having pursued their austerity policies and containment of social expenditure to the extent of giving rise to the greatest inequality experienced in Spanish society in history. Furthermore, and as important as the economic crisis, support for the new parties, Podemos and Ciudadanos, has been linked to the emergence in Spanish public debate of party regeneration and the corruption scandals that tainted the main parties and most institutions in the years prior to the elections on 25 May 2015.  相似文献   
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Abstract

Power's book examines how organizations are designed through risk-based science, law and managerial techniques. As organizations have come to think of, reform and govern themselves through the vague but powerful notion of risk, both the fortunes of the managers who conceive of these designs and the behaviour of the organizations themselves have been affected. Power develops four themes as he analyses the consequences of these moves towards risk management as governance. First, he notes the tensions that have emerged as risk management systems take in information about uncertainty in the operational environment and process it into risk, while simultaneously producing yet more uncertainty. Second, he offers an account of developments in the system of professions as the abstractions of mathematical risk analysts have lost ground to managerial approaches to the processing and uses of risk. Third, he applies neo-liberal notions of the individual to organizational behaviour in an analysis of the conflict between risk-embracing profit motives and risk-averse precautionary instincts. Fourth, he argues that the uptake of risk management techniques and discourses in organizations has fundamentally changed the way they view themselves and operate in the world. As better risk management through internal self-control has become the obvious solution to every problem, enterprise values and trust have imploded. We close our review with a critique of this implosion thesis, suggesting directions for future research for socio-legal, governance and organizational behaviour scholars.  相似文献   
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This article assesses the utility of Arend Lijphart's classification scheme of democracies by means of a case study of Namibia. In particular, the article examines whether Namibia represents a case of consensus democracy, based on institutional criteria within the power-sharing and power-division dimensions, as developed in Lijphart's Patterns of Democracy (1999). The application of the ten criteria results in a mixed outcome, with an overall modal value of ‘moderately consensus’, a modal value of strongly majoritarian for the executive-parties dimension, and moderately consensus for the federal-executive dimension. The highly varied scores for each of the criteria, particularly within the first of Lijphart's two dimensions, present several problems. It is argued that the statistical modal value represents a distorted image of Namibian politics. Namibia scores consistently on the majoritarian side for criteria which conceptually concern the essence of the consensus modal. Moreover, apparent consensus features such as tripartite institutions, bicameralism, and a rigid constitution do not ‘behave’ as such due to one-party dominance, and neither does proportional representation produce consensus politics. Lijphart's criteria are too formal, and should not receive equal weight. The article concludes that power-sharing is better investigated by focusing on just two criteria, namely the party system and the strongly related criterion of government coalitions. Moreover, it is essential to examine political behaviour, in particular of governing elites, to look for the presence of cooperation and compromise, paradoxically issues which were more prominent in Lijphart's earlier work.  相似文献   
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Turnout among registered voters remains high in post-authoritarian Chile, but valid votes as a percentage of the voting-age population have fallen significantly in the post-authoritarian period and blank/null voting, non-registration, and abstention are on the rise. Why? This article tests three rival explanations: (1) lack of political support; (2) depoliticization; and (3) a generational shift in political culture. These theories are not mutually exclusive, but rather explain distinct contours of this electoral phenomenon. Compared to valid voters, blank/null voters exhibit less support for the political system, are less politicized, and more likely to have reached legal voting age during the democratic transition. Although non-registrants also exhibit less political support and are more depoliticized than valid voters, their behaviour is largely explained by a new political culture that stresses individual as opposed to collective participation. In addition to shedding light on this Chilean puzzle, the findings enhance the debates over electoral participation, mandatory voting, and quality of democracy in Latin America and other nascent democracies.  相似文献   
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This paper presents findings from a national survey of ‘potential’ first time voters at the 2001 British general election. It investigates these young people's awareness of the advertising used by the main political parties during this election. Overall what emerges is a young electorate aware of the advertising, who were interested in the election itself and nearly half of whom say they voted in it. Consequently the findings reject the notion that young people are generically unaware of and disinterested in party political messages. In addition the findings indicate that the political parties' print advertisements—to some degree—are penetrating the first layer of young people's message processing, suggesting they are a useful aid in capturing the youth vote. Copyright © 2003 Henry Stewart Publications  相似文献   
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