Legal Regulation Of Bot Running

Build-Operate-Transfer (generally known as BOT), a new investment method ,using foreign private capital in building infrastructure facilities and primary industries ,has been used worldwide since its emergence in 1980's .It has been upgrading and drawn general attention of quite a lot of governments from then on .Comparing with the traditional investment and financing , BOT has shown its great strength .For example ,BOT can absorb large quantity of funds from abroad to put into the constructure of infrastructure ,which can also decrease the government great pressure on capital .moreover ,any financial guarantee is not needed by government in BOT .So it helps the government avoid the risks on debts .In addition ,BOT can introduce the advanced technology and management ,raise the operating efficiently and reduce the investment risks in the projects ,and so on.Since the reform and opening-up in China , the nation's economy has been developed rapidly .But infrastructure facilities and primary industries have been the bottleneck in the process of economic growth .Under this situation ,it is very urgent for China to recommend and spread BOT projects .In order to guide the efficient use of foreign investment and promote the development of economy ,China has tried out several foreign-invested infrastructure projects in the form of BOT since 1986 ,and the smooth operation of the pilot BOT projects helped to forming a deeper understanding of BOT ,but due to the legal and administrative frameworks ,BOT projects encounter a set of complicated legal problems ,such as the legal uncertainty ,concerning security arrangement ,government guarantee and foreign exchange availability .The discrepancies often lead to the failure of foreign invested infrastructure project. With combination of many countries legislations and practices , the author of this dissertation tries to probe into the most important problems which restrict the development of BOT ,outlme the legal characteristic of BOT project ,the legal problems of BOT concession agreement ,and etc .It also puts forward somesuggestions of BOT 's legislation so as to improve the investment circumstances and promote the further development of economic to our comprises and to other countries.