Research On Infrastructure Concession Legal System Of China

Concession can effectively promote the infrastructure construction of a country, and it is an important manner of using private capital to the infrastructure construction. In the course of infrastructure private-operated reform, as a representative model of concession, BOT this new kind of investment and financing is widely applied and attaches importance to many countries.Nowadays, we implement the new policy of introducing foreign capital and using private capital, as well as constructing late-model infrastructure industry in China. Concession is a new and exercisable measure. But it lacks favorable legal environment. Not only laws and regulations on concession are humble in legislation and effectiveness, articles are ambivalent or detached, too simply and too old, etc, but also the other laws lack exceptive provisions. Accordingly, there are many obstacles in the practice of concession, such as the administration of the state, examining and approving of the project, financing of the project corporation, guarantees of the state, conferring the charter and so on. In order to promote the reliability of legal system, eliminate legal misapprehensions and overcome legal obstacles, it is necessary to constitute appropriate and exercisable law or regulation, to establish and consummate the legal system of concession in China.Therefore, the paper attempts to research the systematization and legislation of concession. It pays attention to collect correlative data and reflect current productions. On the basis of using domestic and overseas experiences for inference, the paper analyses the necessities and intentions of legislation, then it advances that it is necessary for the National People's Conference (NPC) or the Standing Committee of NPC to enact uniform codices. In the course of legislation, it should persist in several tenets and principles, for instance, public interests first, encouraging the investment of private capital, keeping justice and protecting the legal interests of investors. In the end, the paper discusses some emphases and difficulties in the consummating process. For example, the bound and manner of concession, licensee of charter, the character and contents of concession agreement, price system of productions and services,supervision of the government and public, the guarantee of the government, settlement of disputations and so forth. In the process of study, the author puts forward that it should relax the restriction of range and proportion of foreign capital, reform the price system, set special organization to supervise, encourage the public to participate and supervise, etc.