Intellectual Property Protection Of The Financial Innovation Under The Frame Of The BOT

BOT is a way by which private capital participates in the foundation facilities construction .The characteristics of BOT investment manners require objectively the government to get involved in, which makes the BOT legal problems become the administrative law problem. BOT problem are paid close attention by the scholars of our country, the discussion is concentrate on: (l)the character concession is a civil contract or a administrative contract; (2)the position of the government special power in the BOT investment manners; (3)the function of the government in the BOT investment manners; (4)legislation problem of BOT, the scholars that attend the discussion mostly advocate doing a lawmaking to the BOT. The current rules of them have become the obstacles to the BOT development. We must make the BOT law systematize, and promote the BOT health development.