清末矿务立法中的华洋权益纠葛

The Conflict of Chinese and Foreign Rights and Benefits in Mining Legislation During the Late Qing Dynasty

甲午战后,清政府将发展矿务作为一项战略举措,尝试利用洋商办矿。自1898年开始至1911年,清政府先后制定了六部矿务章程,其中,如何利用并限制洋商是这些章程关注的问题。矿务立法试图限制洋商占股比例,强调矿权国有,尝试取消各国治外法权,约束了各国对矿权的攫夺,但也束缚了清政府的矿务发展实践,不得不在立法条款中一再调整,体现出当时清政府欲发展矿务则必须依赖洋商的客观现实。由于缺乏平等合作的商业环境,清政府利用洋商办矿的策略难以真正发挥作用。这一经验教训被之后的北洋政府、南京国民政府所吸纳,在矿务发展中强调由华人办矿并在矿务立法中严格限制洋商。

After the Sino-Japaness War of 1894-1895,the Qing government regarded the development of mining as a strategic measure and attempted to utilize foreign merchants to operate mines.From 1898 to 1911,the Qing government successively formulated six mining regulations,among which how to utilize and restrict foreign merchants was the focus.The mining legislation attempted to limit the proportion of foreign merchants holding shares,emphasized state-owned mining rights,and tried to abolish the extraterritoriality of each country,constrained the seizure of mining rights by various countries.However,it also constrained the mining development practice of the Qing government,and had to be repeatedly revised the legislative provisions,reflecting the objectivity that the Qing government had to rely on foreign merchants to develop mining at that time.Due to the lack of an equal and cooperative business environment,the Qing government’s strategy of utilizing foreign merchants to manage mines was hard to truly have any impact.This experience and lessons was later learned by the Northern Warlords Government and the Nanjing National government of China,which emphasized the management of mines by Chinese and strictly restricted foreign merchants in mining legislation.