| With the rapid development of China's economic construction, infrastructure and publicutilities construction is lagging behind or serious inefficiencies, which become obstacles ofnational economic growth, China's government since the 1990s have begun to vigorouslypromote the use of BOT. With the October 1, 2003 implemented the "Beijing urbaninfrastructure franchising approach" and the Ministry of Construction in May 1, 2004implemented the "municipal utility franchise management approach", this financing modelwidely applied. However, in the current circumstances, China has not yet implemented a betterBOT legal environment, and therefore the analysis of the state of legislation and implementationof BOT, the legal obstacles on BOT, formulating workable laws and regulations, establishingand perfecting the legal system to adjust BOT has become imperative. The exposition will adopt standardized methods and the analysis of comparative methods,to make the reseach on the nature of content about BOT arrangement, the legal environment ofits operation, property ownership, and the government guarantees.By the in-depth and thoroughanalysis hope to improve the approach about the legal obstacles on the existing BOT laws ,mistakes made.Finally it will make some recommendations for the future of the laws andregulations to widely used private BOT arrangement. Through this discussion it is with a view tobuilding a comprehensive BOT legislative system concept and make some constructivesuggestions.
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