Legal Analysis Of The BOT Projects

Along with the deeping globalization,the relation among various countries is also getting closely more and more.The flow of the captial in the world scopes even more promotting relationship in every nationa.Echoes with which this is the multiform investment arising at the historic moment cause every kind of capital to seek for the appropriate investment trends including the private capital in the different domain,but the way of the BOT is just under this general trend typical representative.Although many countries pratice the BOT and get certain result,but people have not known quite profoundly to this investment way because of its short history,in which risk need more research.The present paper precisely attempts to to introduce simply that promulgates it each kind of risk which possibly appears in the operation process,and acted according to the different risk to propose the corresponding solution,unified our country to use BOT finally the practice,put forward own legislative proposal.Because BOT involves the disputing party,it has formed the intriguing legal relationship in the entire operation process.And at the beginning of the article,the author introduces different legal relationship,analyzing the main relational legal nature which involves,which tends to show a clear vein.The center of the artical is the operating process of the BOT in each kind of risk,which possibly comes from a all quarters surface,including the country,the project own as well as in the legal risk.Through the different analysis of the risk,unioning various countries different practice,from the international convention to the domestic legislation,from the contract sign to the project movement,the article has given the circumvention risk in different methods.The article final points out that along with the reform and open policy unceasingly thorough,the BOT way also greatly has the development opportunities in our country.In the paper's research technique,the question which exists to the reality in carries on the analysis through the induction and the deductive method,in draws the conclusion in the foundation,found solves the question method,simultaneously,used in legal the theory and the realistic situation unifies forms own viewpoint.