The Study On Some Legal Issues Of BOT Form In Our Country

BOT is a newly-adopted international investment and financing form. Its general definition is the host nation and private investors sign a agreement which provide the right of investment financing management and maintain of a large size public facility to the private investors . The investors use the money which get from the management of the facility during the period of given time to pay the debts and to be the investors' interest. When the given time is due the facility should be transferred to the local government wholly without any subsidy. BOT form can attract foreign capital effectively to public facility , so it is meaningful to the developing countries including china.The article firstly give a general introduction to the BOT form, then explain the basic but important two concepts in detail , one is BOT' s concession agreement' s feature , the other is about the government' s guarantee . It reclaims the BOT' s concession agreement is a special foreign business contract of a country and it also points out that the government guarantee is actually a public act on which the responsibility and law practice are based. Finally , the author make some legal suggestions which is hoped to be meaningful after analyzing the other problems existed in our country.