The article has analyzed our country at present about the BOT legislation present situation, thought the BOT legislation lag, the contract both sides right duty lacks the legal safeguard, shrinks backat the sight the investor, establishes the perfect BOT legislation to become develops the BOT way urgent matter. Pointed out Shanxi Province will develop the BOT investment advantage and the BOT financing way some economy promoter actions which will bring to Shanxi, simultaneously has pointed out the present BOT law sand regulations main legal barrier, One, guarantees restrictive or the prohibition stipulation to the government, two is to the BOT project scope limit, three is about the investment repayment rate aspect legal barrier. Develops simultaneously an our province BOT highway example to carryon the explanation, is for the purpose of establishing has the Chinese characteristic the BOT law frame.The article profits from our country and the foreign experience, the utilization law analysis method, carries on the research discussion inthe legal science domain to the BOT investment project, throws BOT the financing pattern to set in the legal science system, to its legal nature, the legal characteristic and the main content carries on the analysis among them, calmly promulgates in the rule and the question,carry on the BOT special legislation to our country to put forward the proposal. |