Thinking About China's Public Utilities Franchise Legislation

In recent years, our country's economy has been keeping growing annually with the rate of 10%. Such a fast growing economy necessarily needs more infrastructures. Meanwhile, with the rise of nation's power and people's living standard, people naturally call for the better public products and services. However, due to the inadequacy of the public finance, all those needs can not be met. Therefore, we have to bring the Concession System which including BOT into this country to attract private capital, so that we can develop our infrastructure and public utilities. Hence, it is necessary for us to thoroughly analyze these systems.In order to understand the origin of BOT model better, this article firstly makes discussion on the relations among PPP (Public-Private Partnership), Concession and BOT model. Through the dissertation of its concept, characteristic, parties of the contract, procedures and legal relations, we can enlarge our knowledge about BOT model. Undoubtedly, the franchise contract is the key point of BOT model. Therefore, this article makes further discussions on the concession agreement mainly about its characteristic, general principle of making and implementing the agreement, as well as the primary legal issues, which will help us to know better about the main content of the agreement according to the present Concession law. Finally, through the analysis on the legal framework and legal obstacles of BOT model, we endeavor to find out which mode of legislation we should resort to and make suggestions on our unborn national legislation of the Franchise of Public Utilities.