主管:教育部
主办:中国人民大学
ISSN 1002-8587  CN 11-2765/K
国家社科基金资助期刊

journal6 ›› 2017, Vol. 0 ›› Issue (2): 130-143.

• 学术专论 • 上一篇    下一篇

评庚子之乱中开平矿务局的危机应对

  

  1. 唐山师范学院
  • 出版日期:2017-05-15 发布日期:2017-05-15
  • 作者简介:张爱东( 1965 - ) ,女,唐山师范学院副教授,唐山063000; aidong1965@126. com

Research on the Kaiping Engineering and Mining Company’s Response to the Crisis Caused by the Boxer Uprising

  1. Tangshan Normal University
  • Online:2017-05-15 Published:2017-05-15
  • About author:ZHANG Aidong ( Tangshan Normal University; aidong1965@126. com)

摘要: 庚子之乱给开平煤矿带来的困境是开平矿权丧失的最重要和最直接的原因。开平煤矿原有的资金短缺问题变得更为严重,同时开平产业面临被占领和被征收的危险。出卖矿权,是开平矿务局应对危机以自保的手段,为开平矿务局主动为之,并非外人“骗占”。作价也可称合理。但问题在于,按照清朝法律制度,张翼根本无权卖矿。随后中英之间有关矿权的漫长纷争,究其根本,是因中英法律制度的差异所造成。根据《卖约》和《移交约》,英商取得对开平煤矿完全的执有和经营权。张翼坚持的《副约》没有得到执行,以中外合办之名, 英商实现了对开平煤矿的完全控制。

Abstract: The predicament caused by the Boxer Uprising was the most important and the most direct reason for the transference of the Kaiping mining rights. The problem of shortage of funds became more precarious and Kaiping Company faced the danger of being confiscated. Selling mining rights was undoubtedly a measure to protect itself. It was initiated to avoid being cheated. And the price was relatively reasonable. But the problem was that,in accordance with the law of Qing Dynasty,Zhang Yi had no right to sell the coal mine. The long dispute between Britain and China about mining rights,by its nature,was caused by the differences between the English and Chinese legal systems. Based on sales agreement and transfer agreement,English businessmen were entitled to possess and operate the Kaiping Mines completely. The supplementary agreement Zhang Yi stuck with was not carried out at all and English businessmen brought the Kaiping Mines under their sole control under the name of Chinese-foreign joint venture.