平政院、苏浙路债权团与苏浙铁路债务积欠案

Administrative Appellate Court,Creditor Corporation of Jiangsu-Zhejiang Railway and the Case of Jiangsu-Zhejiang Railway Debt Arrears

从1913年江苏铁路、1914年浙江铁路收归国有开始,到1936年铁道部将苏浙路末期债务还清,前后持续二十余年。1920年平政院作出的裁决并未有效改变交通部归还苏浙路路债的困局,其中平政院自身执行力的不足以及军阀将路款挪作他用是主要原因。通过对1913至1936年苏浙铁路路债积欠案史实的还原梳理,在国家与社会互动视角下,力求以个案的形式展示北洋政府在权势羸弱情势之下无法履行法律债务的现实。

From the Jiangsu railway and Zhejiang railway was nationalized in 1913 and 1914 to the Ministry of Railways payment of the debt of Jiangsu-Zhejiang Railway off in 1936, it lasted more than twenty years. The ruhng Administrative Appellate Court made in 1920 did not promote the Ministry of Transportation to return the Jiangsu-Zhejiang railway arrears effectively. The main reasons were Administrative Appellate Court lacked of execution power and warlords diverted the railway funds. This paper aims to show the reality that the Northern Warlord Government was unable to pay the legal debt when their power was weak.