A Study On Some Legal Problems Of BOT

BOT is a new form of international investment and financing which has been adopted by many states in the world since the last years. We can define BOT in such a way: a host nation conclude and sign an agreement of concession in which the state confer the concession of investing, financing, operating and maintaining of a large infrastructure to investors. Investors pay back the debt of the project and recover the investment by their income from operating. When the concession agreement terminates, the investors must transfer the infrastructure to the host nation. A state can absorbs foreign investment into her infrastructure -building by BOT. BOT has important value for developing countries including china.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 and government guarantee; (4) the legal application in BOT. All of those problems are important whenever in theory or in reality. Scholars have many different points of view. The author studies them and raises his own standpoints. 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. He thinks the legislation of BOT is necessary for China.