Study Of The Bot Law

BOT is a new form of international investment and financing which has been adopted by many states in the world in the latest years. The basic definition of BOT is the government of a host nation signing an agreement of concession with a private investor in which the state confer the concession of investing, financing, operating and maintaining of a large infrastructure to the latter. Private investor pays back the debt of the project and recovers the investment by their income from the operating. When the concession agreement terminates, the investor must transfer the infrastructure to the host nation. A state can absorb foreign investment into her infrastructure -building by BOT. BOT has important value for the developing countries including China.The Chinese government is paying great emphasis on BOT project and has promulgated relevant laws and statutes to regulate foreign investment and BOT project. But compared with the laws and practices of foreign countries. Manyprobiems to be eagerly solved till exist inour BOT market. If these problems cant be solved properly, the developmend of our infrastruction wll be limited, and even that can lead to influence to realize our Socialise Modernization smoothly.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 B0T;(3) the risks ofBOT projects and government guarantee;(4) the legal application in BOT. All of these problems are important whenever in theory or in reality. Scholars have many different points of view. The author studied them and raised her own standpoint. At last, according to the present law and BOT project practising in our nation, the author points out the legal obstacles of adopting BOT in China and proposes her suggestion in the BOT legislation.