Legal Issues Of Bot Investment Research

BOT is a new form of international investment and financing which has been adopted by many states in the world since the recent years. We can define BOT in such a way: a host nation conclude and sign an agreement of concession in which the state confer the concession of investing, financing, operating and maintaining of a large infrastructure to investors. Investors pay back the debt of the project and recover the investment by their income from operating. When the concession agreement terminates, the investors must transfer the infrastructure-building by BOT. BOT has important value for developing countries including china.Since middle period of the eighties of the 20th century, our country has begun to probe to adopt BOT investment ways to build infrastructures. Utilizing BOT investment way, a lot of projects have been the experimental units in China successively, and have obtained relatively great success. BOT investment way is becoming a kind of new important way to attract foreign capital to build infrastructure in our country. However, through the experiments of a lot of BOT projects, our country has accumulated certain experience, and issued some management rules about BOT, our country is still in extremely superficial degree to the understanding of BOT investment way at present. Meanwhile, the soft environment respects, especially the legal environment in the demanding of BOT investment way still exist insufficient. And there is not one special set legal quality file to adjust BOT investment way at present in our country. The relevant regulation in various kinds of legal files is not only imperfect, but also conflict each other. This has brought great difficulty to legal practice of our country. So we must perfect the soft environment which is favorable to BOT operation of investment way and create condition as soon as possible, and attract foreign capital to invest infrastructure construction by way of BOT, especially the infrastructure construction of west area.This thesis introduces BOT briefly at first Then, the author gives a systemic study on some legal problems of BOT: (1) the legal relations in BOT, (2) the legal nature of concession agreement of BOT; (3) the risks of BOT projects andgovernment guarantee; (4) the legal application in BOT. All of those problems are important whenever in theory or in reality. Scholars have many different points of view. The author studies them and raises his own standpoints. At last, discussing Chinese present laws and rules concerned and Chinese BOT, the author points out the legal obstacles of adopting BOT in China, and going further poses his suggestions about legislation of BOT. He thinks the legislation of BOT is necessary for China.