BT Mode Of Investment And Financing Construction Of The Research On Legal Problems

BT mode is referred to as the investment and financing construction (Build Transfer) model, which is the mode of Build-Transfer project construction. This model, a new public-private cooperation project development one, gradually changes from Bot financing mode to a new construction development mode. In the eighty times last century, this model was especially popular in some developed countries in Western Europe, such as American, Southeast Asia, Australia. With time, China shows fast economic development, the prosperous life, and especially the more and more construction of public facilities and new city construction projects, thus, this BT pattern is also gradually popular in our country. However, the operation of the BT mode in China is not so easy for the reasons as followed: the use of BT mode in our country is short of time, still in the preliminary attempt stage and still unskilled; there are no clear liability provisions for the participants of this mode; there are a series of risk factors. In addition, until now, there are no special legal provisions which is applicable to the adjustment of the BT model in our country;, and the existing legal provisions supporting is not perfect, in practice, is still very disorder, which makes the participants of this BT mode may encounter many legal risks during the operation process. Therefore, it is important for the practical application of the BT model to improve the theory about BT model, to analyze exactly the related legal relationship, to insight all the rights and obligations of parties, the legal relationship and the legal risk, the risk averse strategy etc.Main contents of this paper include the following:expound the connotation of BT mode, study a variety of legal relations between the participants, explore the domestic and foreign research present situation and the legislative situation of this mode, analyze potential legal risks of this mode participants, summarize the strategies and methods of circumventing these risk. These contents of this research, aims to promote the development and application of BT model in our country, to provide more power to our country economic growth! The overall structure of the paper:the first part is the explanation for the BT mode, and expounds the basic theory and the background, causes, legal relationship of this mode. The second part is to analyze all kinds of legal relations among the BT mode participants. The third part is to discuss the legal provisions of the BT mode in our country and the foreign legislative situation. Finally, the suggestions and strategies to construct our country related legal system are proposed.