从鹦鹉山钨矿矿业权争端看民国初年宪政实践

介绍了民国初年,由直隶省鹦鹉山钨矿引发的陆军部、直隶省政府、商人对矿业权争夺案的起始、案中各方表现及处理结果.讨论了这场争夺表现出的民初体制在诸多领域现实运转方面的某些情形：立法上,国家与地方的法律法规制定存在矛盾;行政上,主观上的国家利益比成文的法律法规优先援引;司法上,行政诉讼制度虽然初步建立,但社会各方普遍缺乏将行政纠纷付诸司法裁决的意识或欲望.导致这种情况发生的因素既有共和肇造、军人干政的现实背景,又有“民怕官”“熟人好办事”的社会文化传统.

Mount Yingwu Tungsten Ore Mining Right Dispute and Constitutional Government Practice in Early Years of the Republic of China

Early years of the Republic of China, the found mount Yingwu tungsten mine in Zhili province that sparked the scramble for the mining right among the War Department, Zhili province government, merchants, and the battle reflects some cases about the evolvement in the legislative, administrative, judicial, civil legal consciousness. On legislation, there is contradiction between national and local laws and regulations formulate; on administrative, Business Department is not entirely on the basis of the mining regulations, but in the name of the ＂military＂, ＂official＂ the mining right to the War Department; on judicial, administrative litigation system has been preliminarily established, but it often cannot monitor for department administration effectively; on legal consciousness, legal concept has preliminary formed from all walks of life, but more limited in the aspect of legal concepts, which is lack of binding in the face of interests. Factors that lead to the situation is the realistic background of military interventions and national rejuvenation, and the social and cultural traditions such as ＂people fear of the officer＂ as well as ＂acquaintances good work＂.