近代大矿与地方社会的矿权博弈——以萍乡煤矿矿界案为中心

The Mining Right Game between Large Mines and Local Society:A Case Study of Pingxiang Coal Mine Boundary Dispute in Modern China

萍乡煤矿是由清廷特许设立的大型机矿,通过承顶、入股等萍乡传统的煤井产权交易方式垄断了区域矿权。辛亥革命后,赣省绅商响应李烈钧重划矿界、开发官矿之举,纷设私井,并依托省议会抵制萍矿垄断、呼吁由地权得矿权。在农商部主持下,江西省政府组织绅商、萍矿等先后四次会勘矿界,终未达成归并官矿、封禁私井之议,关键在于各方矿权之争本质上是经济利益的零和博弈。清末矿章中矿权国有的新规与矿权依附地权的民间惯习相冲突,各级政府却未出台过渡性的法规与政策,也未能构建萍矿与地方社会的沟通机制,是矿界案延宕的重要因素。这表明,中国矿业近代化不但仰赖生产技术的机械化,也需要政府在产权交易等方面提供合理的制度安排。

Pingxiang Coal Mine was chartered by the Qing Court and monopolized the regional mining rights through the traditional coal mine property rights trading methods of Pingxiang,such as transference and shares.After the Revolution of 1911,the gentry in Jiangxi Province responded to Li Liejun's action of redelineating mining boundaries and developing official mines by setting up private wells.They also resisted the monopoly of Pingxiang Coal Mine by the provincial council,and claimed the mining right by land right Under the host of the Min istry of Agriculture and Commerce,the Jiangxi Government,Hanyeping Company jointly surveyed the mine boundary for four times,but they still could not reach an agreement on the merger of oficial mines and the closure of private parts.The key lies in the fact that the dispute over mining rights is essentially a zero-sum game of economic interests.In the late Qing Dynasty,the mines were taken into public ownership in the new laws,which is conflicted with the conventional way that the mining rights were vested in private hands.However,govermments failed to issue transitional laws and policies,and failed to establish a communication mechanism between Pingxiang Coal Mine and the local society,which was an important factor for the delay of the case.It shows that the modernization of China’s mining industry not only depends on the mechanization of production technology,but also needs reasonable institutional arrangements provided by the government.