Bot Investment Mode Of Legal Analysis

In the process of speeding up the development of the market economy and fully building a relatively comfortable society, the BOT investment mode has become an effective way to utilize the capital home and broad comprehensively. It has a profound influence in the meaning and prospect of new fields such as urbanization and the development in the West China. This thesis has been divided into four parts to systematically discuss the topic, namely "BOT Basic Principles", "BOT Legal Relationship", "BOT's Practice and Its Legal System Protection", "The Study in the Perfection of China BOT Legal System". First, BOT is a new comprehensive way of investment with financing nature, which takes the form of project contract. Using this way of investment, the government and a founding private enterprise sign a special contract for a specific infrastructure or a public engineering project. The government grants the concession to the private enterprise to establish a project company to be responsible for the financing, planning, building, operating and maintaining of the project. The Project Company is authorized the right to own, use and benefit from the project to cover its cost of investment, to return the financing debt and also to gain a reasonable profit through the operating revenue during the period of the concession. The project company will transfer the project to the government or the organization designated by the government for free as soon as the concessionperiod ends. The operating model of BOT can be divided into four stages including concession, construction, operation and transfer, or into five specific steps of confirming the project, choosing the enterprise, signing the contract (drafting, authorizing and signing), establishing the project company to operate and finally transferring the project. To governments, BOT has the advantages such as lightening the financial burden, increasing the tax revenue and the employment rate, shifting the risk in project construction and management, introducing advanced technology and managerial experience, improving efficiency and quality, advancing legal environment, and optimizing resources disposition; to private investors, BOT has the advantages of securing a stable market share and investment return, promoting the exportation of products and technical services, and obtaining the marginal revenue in construction management. But due to its complexity in operation, BOT has some drawbacks such as increasing the latent risk for the government, imposing a strict screening on the strength of the investors and their project companies, and generating a high risk for all parties involved in financing. Therefore, BOT must be used after having fully proved its economical and the financial feasibility. It also requires special attention to choose the strong and reputable investors and consulting companies with rich experience to maximize its gains and minimize its losses. Second, BOT's legal nature is to center around the concession agreement signed by the government and the private investor or the project company, including a series of contract arrangements for the loan, the design, the engineering construction, the business management, etc. Through all the contract arrangements, under thepremise that the government keeps the final ownership of the project, the right to manage the project (rights to own, use and benefit right) will be authorized to the private investor and its project company for a limited period. The project company is demanded to repay the creditors with the limit up to its asset, and it enjoys the monopoly right to operate the business. As the core agreement, BOT concession agreement is a kind of domestic contract and civil law contract which is subject to the rule of domestic law. This agreement has the legal characteristic as follows: (1) Its establishment is based on the consensus in idem of the two parties; (2) Its parties on both sides have equal legal status under the framework of agreement; (3) The agreement en...