通过一个实际案例,对刑法规定制度框架分析的思考

T. Haines-Doran
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引用次数: 1

摘要

我很高兴有机会根据本·法恩和凯特·贝利斯在本期的关键词文章(法恩和贝利斯,2022年)对供应系统(SoP)框架进行反思。这是基于它在我自己的工作中的使用,我希望这将有助于说明它的一些优点,以供研究人员使用。SoP方法是由Ben Fine介绍给我的,当时我在他的指导下进行了英国铁路政治经济学的博士研究英国铁路是欧洲最早私有化的铁路之一,上世纪90年代中期,英国国有铁路公司——一家与中央政府保持一定距离的公共机构——被分拆并出售。这可能是20世纪80年代开始的公共服务私有化中最具争议的一次,至今仍不受英国公众的欢迎。当我在2015年开始攻读博士学位时,已经有很多优秀的文献论述了私有化为何未能带来它所承诺的好处,重点是私营部门从铁路系统中榨取价值的有害作用,牺牲了服务质量和物有所值的票价。然而,到2015年,这个本应是竞争、自主的铁路运输服务市场的大部分已落入国家管理和控制之中,尽管该系统的大部分仍为私人所有。支持继续私有化的政策精英们利用政府介入来辩称,公众要求重新国有化是错误的。当铁路系统的大部分已经处于国家控制之下时,为什么要重新国有化?这阻碍了铁路开发出解决它们面临的许多运营和经济问题的方案。事实上,中央政府公务员的直接和详细控制似乎造成了供应方面的重大问题,尤其是因为涉及的个人不一定是“铁路人”,而是缺乏行业专业知识的政府管理人员
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A reflection on the Systems of Provision framework of analysis by way of a practical example
I am glad to have the opportunity to offer a reflection on the Systems of Provision (SoP) framework, following Ben Fine and Kate Bayliss’s keyword essay in this issue (Fine and Bayliss, 2022). This is based on its use in my own work, which I hope will be useful as an illustration of some of its advantages to researchers. The SoP approach was introduced to me by Ben Fine, when I undertook PhD research into the political economy of railways in Britain under his supervision.1 Railways in Britain were one of the first in Europe to be privatised, as state-owned British Rail – a public body run at arm’s length from central government – was broken up and sold-off in the mid-1990s. It was perhaps the most controversial of the privatisations of public services that began in the 1980s, and remains deeply unpopular with the British public. When I began my PhD in 2015, much good literature had already been written about why privatisation failed to bring the benefits it had promised, centring on the pernicious role of the private sector as extractor of value from the railway system, at the expense of service quality and value-for-money fares. However, by 2015, much of what was supposed to have been a competitive, autonomous market for rail transport services had lapsed into state management and control, even if much of the system remained privately owned. That state involvement was used by policy elites in favour of continued privatisation to argue that public demands for renationalisation were misplaced. Why renationalise, when much of the system was already under state control, which was preventing the railways from developing solutions to the many operational and economic problems they faced? Indeed, direct and detailed control by central government civil servants appears to have caused significant problems in provision, not least because the individuals involved are not necessarily ‘railway people’, but government managers with a lack of industry-specific knowledge, leading
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