Research On The Legal Issue Of BOT Concession Agreement Of China

In order to solve the financing, investment system and management efficiency problems existed in the areas of infrastructure construction, the former State Development Planning Commissionformally proposed bring BOT way into the field of infrastructure construction, during the Eighth Five-Year Plan,and relevant policies were introduced,too. The attempt of BOT in our country is Shajiao B Power Plant Factory in Shenzhen,and Laibing Power Plant Factory in Guangxi etc. Push it to a new high. But by the end of the20th century, the first wave of BOT fell silent. The most important reason for that situation is that,the legal system of BOT was not very perfect.Concession Agreement plays a key role in the process of BOT. It is the foundation of the BOT contract system. The legal system of BOT is mainly about the concession agreement. Under this background, this thesis choose the legal issue of BOT especially it’s concession agreement as the topic, firstly introduced BOT investment mode and its concession agreement; Secondly, the nature of the concession agreement were discussed. In this part, The author introduced the debates in this area, and gave out her own views. Then the shortage of the legal system of BOT were discussed in detail according to the reality in the BOT projects in China. This is the core content of this thesis. Finally, the author proposed some suggestions for the legal system of BOT, especially the solutions to solve the dispute, this is the innovation of this thesis.The author hopes that the legal reason for the lose of the first attempt of BOT can be find out through the analysis of the theory and practice.