On Infrastructure Concessions Business Interests Of Investors Protection

As the foundation of the national economic development, infrastructure plays a very essential role in promoting social development and enhancing the quality of the citizens. However, the efficiency is determined by quantity, as well as quality. In light of the specialty of the infrastructure, the state once controlled the operation monopolistically. But the low efficiency of the government's functions and the enterprises restricts the economic development severely. With the progress of the technology, private assets have been invested in the infrastructure broadly.Along with China's starting of the Olympic projects and implement of the"the 11th five-year plan", the infrastructure is increasingly demanded. Meanwhile, the concession has come to extensive attention. On the February 2nd 2004, the Ministry of the Construction enacted the"municipal public utility concession regulatory rules". After that, the local governments produced their own implementary rules. However, due to the lack of sound legal system, the investors have suffered a lot of losses.The author finds more discussions of the privatization of the infrastructure are in the economic field, and from legal perspective, some references can be found in the administrative law sphere. In this article, using the results of economic research, the author argues that the necessity of the investors is the core of the concession in the historical perspective, and tries to probe the legal system of investor protection under China's background.The article is divided into three parts: the introduction, main text and the conclusion.The first chapter introduces the conception of the infrastructure concession, which is the premise of the discussion.The second chapter concerns the development of the concession, and the author argues that the investors'protection is one of the cores in the infrastructure concession.The third chapter mainly analyses the system construction of investors'protection. This part has been divided into four sections. Section one introduces some classic countries'legal frameworks on investor protection. Section two discusses the limits of the regulation. Using the conception of"commitments", Section three analyses the some countries'"commitment guarantee system"and concludes the main systems to establish. In the fourth section, the author maintains that to establish our"commitment guarantee system", we should improve our legal framework and remedy system.The last part is the conclusion.