“山西煤矿整合”事件表明,面对政府治理与公民财产权之间的冲突,作为平衡两者的宪政技术方案———法律保留原则,只是建立了一种原则性框架,关键概念并未界定清楚,且缺乏具体的权限和程序性规定支撑,不易适用,而补救程序不通畅也难以通畅,最终使得其无法获得实效。由此带来的制度后果是,相应的分权设计落空,难以恰当规范政府的产业改革,公民权利更不易获得法律保障。解决的思路当是有节制地细化法律保留规定,拿捏分寸,充分利用行政权这一利刃而不被其所伤。 “Shanxi Coal Mine Integration ” incident shows that in the face of the conflict between government governance and citizen property rights, as the constitutional technological solution that balances the two - the principle of legal reservation, only establishes a principled framework and the key concepts are not Clearly defined, lacking specific support and procedural provisions, are not easily applied, and the unobstructed remedy is unmanageable, ultimately making it ineffective. The resulting institutional consequences are that the corresponding decentralized design fails, it is difficult to properly regulate the government’s industrial reform, and civil rights are less easily protected by law. The solution should be to exercise restraint in refining the legal reservation provisions, to take full advantage of the cutting edge of administrative power without being hurt by them.