Legal Issues Of China's Use Of BOT Investment And Financing Mode

As a kind of special financing mode in China, BOT has promote the infrastructure construction greatly. Special laws and regulations are needed in this special field. But the current law does not consider its particularity, the operation of BOT project in practice bring a lot of legal obstacles, which limits its development. China should adopt the way to solve these obstacles in legislation, and analysis it's situation as well as pay attention to related problems.This thesis, besides preface and epilogue, is divided into four parts:The first part is the general ways to invest in BOT. It introduces the definition of international authority on BOT, based on the way to BOT "build" and "management", "transfer" further explanation, and introduces the BOT mode of variation patterns, and its features. Finally a comparison been made between BOT financing mode and traditional investment.In the second part ,it analyzed the legal nature of BOT franchise agreement applicable law, the franchise agreement and content legal problems. On the problem that whether BOT charter agreement is domestic contract, commercial contract or the administrative contract on the basis of the argument, the thesis puts forward the BOT concession agreement of domestic contracts is a special type of contract in civil law. Finally, the thesis do further on the main concession the main terms, the rights and obligations of the parties and the agreement on the design of risk allocation on concession.Under the government guarantee in the range and on the basis of a comprehensive introduction, this thesis analyses the necessity, and the difference with other civil guarantee, puts forward that government guarantee is a special kind of credit, at the end, the legal effect of the government guarantee is further developed.The fourth part introduces BOT mode in China's legislative situation analyzes the existing problems. Some typical countries in the world on BOT legislation mode are on the basis of comparative analysis, proposing our country to make special legislative law on BOT, and then puts forward relevant BOT legislative proposals.