Bot Contract By The Government In Breach Of The Relief System Thinking

Active use of foreign capital is to implement the reforms and the opening of China's basic national policy, including the use of BOT investment and financing of infrastructure help to alleviate the problem of shortage of funds. But the way our country finds adjustment dispute BOT, BOT contracts Through analysis of the case and the nature of its characterization as a civil contract. And through the BOT contract, breach of contract specifications appear in the blank of government by analyzing the experience of other more comprehensive relief system contracts, combined with the characteristics of BOT contract itself, to some of the remedies of default on government. This topic and explore the motivation is an objective, law, and international perspective to understand and observe the way of foreign BOT within the legal nature of theory and practice to seize the main issues, wish to contribute to the establishment of new China BOT contract operation and specifications. This article is divided into four parts, namely the basic features of the BOT law, governmental breach of contract case, the nature of the parties were thinking of.The first part of the BOT contract for the development of non-compliance issues arising in the government. Through the three examples cited, the origin of the contract through the BOT, BOT contracts in China's development and the development of BOT contract, breach of government emerge. Through a case, the image of the statements out of the BOT contract, the characteristics, advantages, and outlines the basic form of government default, and the enormous damage caused by the breach of contract specifications in government thinking.The second part of the BOT contract, the theory analysis. Introduced the BOT concept, characteristics and type of contract, and the different types of contracts through BOT, BOT contracts summed up the main existing legal relationship. On this basis, on the BOT contract for a scientific finds. Authors believe that, BOT contract should a civil contract areas, and through its contrast with the traditional administrative contract, compared with the government procurement contracts, BOT contracts administrative elaboration of a BOT contract, the final reason the nature of a civil contract, and was carried out described.The third part of the way of BOT risk analysis and remedies for breach were analyzed. This section details the operation of the BOT contract, the risk may exist, and currently the main means of support-the Government to ensure the system are described in detail. BOT contract for the Government to play a dual role, have found the basis for the government default, breach of regulations to address the problem of the government to find a source.The fourth part is the thinking of government default. I also thought, after careful study and put forward some personal superficial point of view, mainly based on the civil nature of BOT contracts, put aside the traditional idea of special legislation to "Contract Law" cf approaches to thinking, to analyze the remedies that may be applicable approach is the "contract law" applicable to the promotion, but also to the civil nature of BOT contract mining.