| To make full use of foreign investments is one of the basic state policies after the enforcement of reform&opening up policy, the application of BOT helps to resolve the problem of capital shortage for infrastructure constructions. However, the legal system that governs BOT are not quite perfect at present and various regulations conflicts with each other in many ways. What's more, the research in this area in our country is very weak. There're still many disagreements on some essential issues, and there doesn't exist a system at theory of BOT. As a result, there is a long way to the systematize of legislations on BOT, which has severe by influenced the implementation and the development of BOT in China. So it is very necessary to do specific research on "BOT" by learning from external legislative experience, so as to form a new BOT theory system of our country and to accelerate the process of BOT legislation. This article aims to bridge the gap between theory and practice and to help establish a new BOT legal system by making an objective and legal analysis on the domestic and over seas BOT system.This article consists of three parts, which is respectively concerned about and internal relations of BOT, the concession as reemit.Part IIn this part, the author is going to discuss the basic characteristics and internal relations of BOT. There're a lot of different opinions about the legal characteristics of BOT. The leading opinion is put forward by the American Scholars. They regard "BOT" as a "government contract". The "Administration Contract Law" of France terms it "administration contract". Like the private contract, it is based on the common contract law. The scholars of the Philippines think that "BOT" is a new kind of concession agreement, which is very popular in the overseas legal fields. It means that with the concession of the government in the agreement, the investor may invest in the public infrastructure construction and the exploration of natural resources in the given area and on certain conditions. There are also other scholars who think that BOT is a kind of trust management or a way of investment or a kind of project financing. Moreover, it also shows some Characters of monopoly.Part IIIn this part, the author is going to discuss some legislations of EOT. Introduce the international origin of EOT. In this aspect, The author studies the international models of legislation on EOT and analyze the main characteristics of them, as well as the contribution they can make to our country's EOT legislation. According to my research, there are four models of legislation in the world: First, uniform domestic investment law. This kind of model is very popular in the west developed countries, such as the United States. Secondly, specific legislation on EOT,. This kind of model is broadly applied bymany developing countries. Its advantage is that it is highly specified and can be used%conveniently. Thirdly, legislation on single project. This kind of model is mainly used in the countries and areas that have sound legal system while are lack of harmony between each other. For example. Fourthly, some combination of legislation and policy. This kind of model is broadly used by the countries, in which the legal system is still in development, such as in China, some governmental institutions in these countries then make some regulations on the special problems in a specific project.Introduce the law character of important nations,such as Australian, American, HangKong ,ect.Pare IIIIn this part, the author is going to emphasize the subjects, nature and the guarantee clauses of the concession agreement. About the subjects, there are not explicit rules in law. So in practice, there are many different models. But in theory, some scholars think that the subjects consist of host country and project manage. Some think that it includes host country and project company. Others think that both of them are included in it. These different answers determine different schemes on expropriati...
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