| BOX is the abbreviated form of "build, operate, and transfer", which the host country gives the project sponsor a special permission to build, operate or maintain and finally transfer to the host country after a certain period.BOT project involves lots of complicated legal problems, such as the confirmation of private ownership, taxation, foreign currency control and profit transfer and needs various kinds of contracts at different stages.BOT project is affected directly by the legal framework of the host country. To solve the legal problems of BOT project, the host country should promulgate the corresponding law according to international legal can and customs in order to carry out the project smoothly. First, the host country should provide the basic jurisdiction and regulations regarding the construction and operation of BOT project. Second, the host country must enact laws relating to public guaranty, investment, concession agreement. Third, the host government should maintain the consistency of relevant laws and regulations between the target of BOT project and commercial laws, reguarding property right, nationalization, intellectual property, contract, company, bankruptcy, banking, insurance, environment protection etc..The Project of Guangxi Laibin Power Plant(B)approved by the National Planning Commission on May 10, 1995 made the probation birth of the first BOT project in China. Now many local governments in China are trying to attract foreign investment by means of BOT financing. It is predicated that BOT financing will be the "fundhighway" to introduce mass foreign investment for China's infrastructure construction. The Chinese government is paying great emphasis on BOT project and has promulgated relevant laws and statutes to regulate foreign investmentand BOT project. But compared with the lawsand practices of foreign countries .Many problems to be eagerly solved still exist in our BOT market . If these problems can't be solved properly , the development of our infrastruction construction will be limited , and even that can lead to influence to realize our Socialist Modernization smoothly .The paper mainly analyses foreign BOT' s laws and practices, with combination of our country's BOT practices, the existing legal issues, and also puts forward the BOT legislative suggestions.
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