With combination of many countries' legislation and practices,This dissertation analyses the advantages and disadvantages of the BOT project, outlines the legal characteristics of BOT project, legal problems of BOT concession agreement, studies the proper laws of the concession agreement, and the legal circumstances for BOT investment. It also puts forward some suggestions of BOT's legislation so as to improve the investment circumstances and promote the further development of economic to our comprises and the other nations.
Then, the author gives a systemic study on some legal problems of BOT: (1) the legal relations in BOT; (2) the legal nature of concession agreement of BOT; (3) the risks of BOT projects and government guarantee;
The smooth operation of BOT involves harmonization of laws and regulations in different fields, however, the existing 'provisions constitute hindrance for the development and implementation of BOT projects.
However, through the experiments of a lot of BOT projects, our country has accumulated certain experience, and issued some management rules about BOT, our country is still in extremely superficial degree to the understanding of BOT investment way at present.
This thesis introduces BOT briefly at first Then, the author gives a systemic study on some legal problems of BOT: (1) the legal relations in BOT, (2) the legal nature of concession agreement of BOT; (3) the risks of BOT projects andgovernment guarantee; (4) the legal application in BOT.
At last, discussing Chinese present laws and rules concerned and Chinese BOT, the author points out the legal obstacles of adopting BOT in China, and going further poses his suggestions about legislation of BOT.
The introduction of BOT (build operate transfer) provides a new mode for the infrastructure construction in China.Beginning with the essential characteristics of BOT project and based on BOT identification framework,this paper deals with BOT project in terms of law,financing and risk,and therefore creates the criteria for the selection and evaluation of BOT project.
BOT is now the popular co-way of international investm ent, which is more and more attached by the government of our country, and also becomes a important way of using foreign capitals to invest the basic installati on buildings. But there are no concrete laws and rules for it in our country, an d legislation for regulating BOT investing ways isn't perfected. So, how to set up and perfect BOT investing-ways system has already become an urgent matter in our country.