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221.
After entering the 21st century, ter ̄rorist crimes have become more serious. Terrorism has become one of the worst problems of the mod ̄ern world and will continue to be a serious problem in the future. China is also facing the challenge of terrorist crime. Can the present criminal system accomplish the mission of legislative control of these crimes and fulfill the goal of penalising them? It seems that a review and evaluation of the rele ̄vant criminal legislation and policies is necessary.
There are different definitions of terrorist crimes. American scholars Alex P. Schmid and Albert J. Jongman gave a review of 109 different definitions that appeared during the period from 1936 to 1983 , and proposed their own opinions in the book Political Terrorism. Chinese scholar Hu Lianhe analyzed 50 definitions that appeared after 1982, and proposed his own idea. On January 1 2016 , the third article of the Zhonghua renmin gongheguo fan kongbu zhuyi fa ( Anti -terrorism Law of the P. R. C) formally defines “terrorism”and “terrorist activities”. Generally speaking, both the academic and legal definitions have gener ̄alized three characteristics of “terrorist crime”from subjective and objective aspects: 1 ) taking social order, public security, personnel and prop ̄erty as the target of the ( terrorist ) behavior; 2 ) hurting the targets described above or threatening the state organs or international organizations by way of violence, destruction or intimidation; 3 ) taking the realization of some certain political or i ̄deological purpose and claims as the ultimate goal of the ( terrorist) behavior.
Concerning the relation between extreme na ̄tionalism and terrorism, the general idea is that“there is no pure form of nationalism; it is always combined with some certain political or social pow ̄er, and characterized with social movement or his ̄torical process”. And seeing from the development course of terrorism,“nationalism is one of the most permanent roots of terrorism”, and is also “one of the most powerful roots of terrorism.”
China has mainly experienced five revisions of its law concerning terrorist crimes: 1 ) revising criminal law in 1997 , and including terrorist or ̄ganizations into the criminal penalty for the first time ; 2 ) legislating about terrorist crimes in the xingfa xiuzhengan san ( Criminal Law Amendment III) in 2001; 3 ) intensifying the applicability of the criminal law to terrorist crimes in the xingfa xi ̄uzhengan ba ( Criminal Law Amendment VIII ) in 2011;4 ) including technical detection measures of crime on terrorist activities in the xingshi susong fa ( Criminal Procedure Law) revised in March 2012, thereby establishing the legal position of this kind of detection measure in criminal procedure; 5 ) substantially adding accusations in the xingfa xi ̄uzhengan jiu ( Criminal Law Amendment IX ) re ̄vised in 2015 , and strongly fighting against the ter ̄rorist crime .
“As one of the social policies, criminal policy is a kind of countermeasure to handle different kinds of crime without delay - this determines that the formulation of criminal policy is bound to social politics and economics in a period of time.”Since the founding of New China, China has made up corresponding criminal policies according to the social needs and criminal status in different eras. In order to maintain a harmonious relationship be ̄tween various ethnic groups, and respect the ethnic culture and customs, a criminal policy called “li ̄angshao yikuan” (“less arrested, less killed, and punished leniently”) had been carried out con ̄cerning the ethnic minority crimes. However, this criminal policy which had played an important role in juridical practice in handling criminal cases of ethnic minorities is unlikely to be a basic criminal policy for the control of extreme nationalist terrorist crimes in the present day. On the new historical stage,“kuanyan xiangji” ( combining punishment with leniency) has become a basic policy for deal ̄ing with criminals in China—this policy is based on the inheritance of the rational connotation of the combination of serious and lenient punishment in the criminal policy, and learning the experience or lessons of “seriously fighting” criminal crimes since the implementation of the reform and opening-up policy. Doubtlessly, this new criminal policy has a guidance significance in the punishment of all criminal activities, including extreme nationalist terrorist crimes of the present.
A basic evaluation of China’ s criminal legis ̄lation on the punishment of extreme nationalist ter ̄rorist crimes is:1 ) it has developed from non-ex ̄istence to existence; the relevant criminal legisla ̄tion is in accord with the developmental direction of domestic terrorist crimes and the anti-terrorism situation;2 ) it has worked in concert with the anti-terrorism strategy of the UN, and performed a state party’ s duty;3) it has an obvious tendency of “severe penalty ”; 4 ) the revision of criminal law has started to be influenced by the risk concept of criminal law.
In summation, China ’ s criminal legislation and criminal policies have a positive significance in controlling the extreme nationalist terrorism crimes. However, there are still some deficiencies of the strategies of controlling crime. Hence, the following issues should be addressed in the subse ̄quent legislation: 1 ) Before identifying a kind of behavior as a crime, one should judge whether the duty attached to the new accusation is a kind of ex ̄cessive demand on the ordinary people;2 ) The ra ̄tionality of the expected goal of criminal legislation cannot guarantee the rationality of a specific sys ̄tem, therefore, the lawmakers also need to consid ̄er whether the measures for realizing the goal are reasonable. 3) The deserved function of the non-criminal penalty method should be noticed, and it should be developed rationally and harmoniously together with the criminal penalty,thus a solid sys ̄tem which can control extreme nationalist terrorist crime should then be constructed. 4) The guaran ̄tee of human rights also cannot be ignored in the anti-terrorist legislation and criminal policies. 相似文献
There are different definitions of terrorist crimes. American scholars Alex P. Schmid and Albert J. Jongman gave a review of 109 different definitions that appeared during the period from 1936 to 1983 , and proposed their own opinions in the book Political Terrorism. Chinese scholar Hu Lianhe analyzed 50 definitions that appeared after 1982, and proposed his own idea. On January 1 2016 , the third article of the Zhonghua renmin gongheguo fan kongbu zhuyi fa ( Anti -terrorism Law of the P. R. C) formally defines “terrorism”and “terrorist activities”. Generally speaking, both the academic and legal definitions have gener ̄alized three characteristics of “terrorist crime”from subjective and objective aspects: 1 ) taking social order, public security, personnel and prop ̄erty as the target of the ( terrorist ) behavior; 2 ) hurting the targets described above or threatening the state organs or international organizations by way of violence, destruction or intimidation; 3 ) taking the realization of some certain political or i ̄deological purpose and claims as the ultimate goal of the ( terrorist) behavior.
Concerning the relation between extreme na ̄tionalism and terrorism, the general idea is that“there is no pure form of nationalism; it is always combined with some certain political or social pow ̄er, and characterized with social movement or his ̄torical process”. And seeing from the development course of terrorism,“nationalism is one of the most permanent roots of terrorism”, and is also “one of the most powerful roots of terrorism.”
China has mainly experienced five revisions of its law concerning terrorist crimes: 1 ) revising criminal law in 1997 , and including terrorist or ̄ganizations into the criminal penalty for the first time ; 2 ) legislating about terrorist crimes in the xingfa xiuzhengan san ( Criminal Law Amendment III) in 2001; 3 ) intensifying the applicability of the criminal law to terrorist crimes in the xingfa xi ̄uzhengan ba ( Criminal Law Amendment VIII ) in 2011;4 ) including technical detection measures of crime on terrorist activities in the xingshi susong fa ( Criminal Procedure Law) revised in March 2012, thereby establishing the legal position of this kind of detection measure in criminal procedure; 5 ) substantially adding accusations in the xingfa xi ̄uzhengan jiu ( Criminal Law Amendment IX ) re ̄vised in 2015 , and strongly fighting against the ter ̄rorist crime .
“As one of the social policies, criminal policy is a kind of countermeasure to handle different kinds of crime without delay - this determines that the formulation of criminal policy is bound to social politics and economics in a period of time.”Since the founding of New China, China has made up corresponding criminal policies according to the social needs and criminal status in different eras. In order to maintain a harmonious relationship be ̄tween various ethnic groups, and respect the ethnic culture and customs, a criminal policy called “li ̄angshao yikuan” (“less arrested, less killed, and punished leniently”) had been carried out con ̄cerning the ethnic minority crimes. However, this criminal policy which had played an important role in juridical practice in handling criminal cases of ethnic minorities is unlikely to be a basic criminal policy for the control of extreme nationalist terrorist crimes in the present day. On the new historical stage,“kuanyan xiangji” ( combining punishment with leniency) has become a basic policy for deal ̄ing with criminals in China—this policy is based on the inheritance of the rational connotation of the combination of serious and lenient punishment in the criminal policy, and learning the experience or lessons of “seriously fighting” criminal crimes since the implementation of the reform and opening-up policy. Doubtlessly, this new criminal policy has a guidance significance in the punishment of all criminal activities, including extreme nationalist terrorist crimes of the present.
A basic evaluation of China’ s criminal legis ̄lation on the punishment of extreme nationalist ter ̄rorist crimes is:1 ) it has developed from non-ex ̄istence to existence; the relevant criminal legisla ̄tion is in accord with the developmental direction of domestic terrorist crimes and the anti-terrorism situation;2 ) it has worked in concert with the anti-terrorism strategy of the UN, and performed a state party’ s duty;3) it has an obvious tendency of “severe penalty ”; 4 ) the revision of criminal law has started to be influenced by the risk concept of criminal law.
In summation, China ’ s criminal legislation and criminal policies have a positive significance in controlling the extreme nationalist terrorism crimes. However, there are still some deficiencies of the strategies of controlling crime. Hence, the following issues should be addressed in the subse ̄quent legislation: 1 ) Before identifying a kind of behavior as a crime, one should judge whether the duty attached to the new accusation is a kind of ex ̄cessive demand on the ordinary people;2 ) The ra ̄tionality of the expected goal of criminal legislation cannot guarantee the rationality of a specific sys ̄tem, therefore, the lawmakers also need to consid ̄er whether the measures for realizing the goal are reasonable. 3) The deserved function of the non-criminal penalty method should be noticed, and it should be developed rationally and harmoniously together with the criminal penalty,thus a solid sys ̄tem which can control extreme nationalist terrorist crime should then be constructed. 4) The guaran ̄tee of human rights also cannot be ignored in the anti-terrorist legislation and criminal policies. 相似文献
222.
223.
企业R&D信息沟通与联结管理模型构建 总被引:1,自引:0,他引:1
分析造成中国企业创新资源缺乏、创新效率低下的障碍因素 ,结合目前创新环境 ,构建企业R&D信息沟通与联结管理模型以增强企业创新活力 相似文献
224.
从5方面分析了我国农村建设小康的难点;讨论了我国农村小康建设的途径,如:(1)领导思想观念的转变;(2)各省、地、县尽早做出科学务实的农村小康建设规划;(3)适当提高农副产品的价格,增加农民的收入;(4)投资的重点逐渐从城市向农村转移;(5)强化法律和行政措施,切实保护农民的权益;(6)城乡持续的创新能力是确保我国小康社会内涵和上层次的持久动力. 相似文献
225.
前苏联著名的教育家苏霍姆林斯基在<给教师的一百建议>中曾经提到:"在拟定教育性谈话内容时,你时刻不能忘记,你施加影响的手段是语言,你是通过语言打动学生理智与心灵的.然而,语言既可能是强有力的,锐利的、火热的,也可能是软弱、苍白无力的. 相似文献
226.
随着无线电通信技术的发展,无线用户的数量急剧增加,使得频谱资源变得越来越紧张,为了提高无线频谱的利用率人们提出了认知无线电的概念。其核心思想是使无线电通信设备具有发现“频谱空洞”并合理利用所发现的“空洞”的能力。认知无线电能够自动感知无线电环境特征,通过无线电知识语言调整传输参数,从空间、时间、频率、调制方式等多维度共享无线频谱,以满足用户通信最佳性能要求。 相似文献
227.
“天人合一”:构建生态和谐的哲学渊源 总被引:1,自引:0,他引:1
冉春燕 《内蒙古农业大学学报(社会科学版)》2007,9(6):18-20
中国古代"天人合一"思想具有丰富的内涵,这一思想中所包含的人与自然的关系对今天高度发达的科学技术社会及其生态恶化现象具有重要启示意义。由于人与自然的关系日益紧张,引发了全球生态环境危机,党中央接二连三地提出了一系列相关战略思想,如提出可持续发展,科学发展观,构建和谐社会等等。针对这一现象,我国古代的"天人合一"思想在新的历史时期被赋予了新的内涵。可以毫不夸张地说,"天人合一"思想是解决人类生态危机的唯一哲学原则。 相似文献
228.
在扬长教育活动中,教师更多的是唤醒学生的良知,开启学生心智发展的大门,从而促进学生的全面发展,由于中职学生的特殊性,本人认为实施扬长教育必须下好"五步棋": 相似文献
229.
每日与职场人士相伴的办公桌,既属于办公室的公共空间,又不可避免地打上了个人风格的烙印.近日,智联招聘的职场人办公桌调查显示,超过半数人都认为办公桌能够体现一个人的做事风格,近六成人认为办公桌的整洁程度会影响自己在老板心中的形象. 相似文献
230.
当前,建设中华民族共有精神家园必须坚持文化理论创新、文化观念创新和文化体系创新的理念;必须把马克思主义中国化作为中华民族共有精神家园建设的方法论;必须以“保护-继承-创新-弘扬”为手段来构筑中华民族共有精神家园建设的模式。 相似文献