Study On Legal Nature Of Municipal Utility BOT Concession Agreement In China

With the reform of China's municipal public utilities going in depth, BOT, originally a business mode licensed by the government to attract foreign investment, has been applied in private capital pooling, and even more widely, in the marketization of China's public utilities. However, due to legislative, theoretical and systemic flaws, BOT applied in public utilities has been fraught with quite a few problems. With the legal character of BOT concession agreement as its research object, this paper, after shedding light on the concepts of BOT, public utilities, and BOT concession agreement, approaches the legal nature of BOT agreement, government responsibilities and its regulatory authority under the terms of administrative contracts in BOT agreement, and the Dispute Settlement Mechanism under BOT agreement. In addition, it puts forward proposals to improve the government authority regulation mechanism and dispute settlement mechanism under BOT concession agreement.