| BOT is a new type of investment and financing mode raised in1980s, BOT style to the project construction as the foundation, set the advantages of private business, which has strong financing function, can effectively to attract foreign capital entering infrastructure field and relieve host construction funds shortage of pressure.This paper first introduced the basic theory of BOT mode of investment, expounds the BOT legal nature, the legal relationships and operating process. Then, probes the differences of implementing BOT projects between the developed countries and districts and the developing countries. And then summarizes the overseas advanced practice and legislation experience. Then, introduces emphatically the BOT mode in China and the practice project and legislation, and then compared the world advanced BOT legislative model, then marks the main legal barriers in the BOT legislation process of China. Finally, in consideration of the actual law and development situation of BOT project, points out that BOT legislation process of our country should follow the principles and should overcome obstacles. |
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