| The researches on BOT of mainland China began in the 1990s.With the help of the reform and opening up policy,numerous projects includes the construction of public facilities,the privatization of state-owned enterprises,has been operated by BOT.However,with the development of BOT,the legal systems which applied in it should change immediately.Combined with people on the market failure and government failure of reflection,both at home and abroad have responded to the new changes in BOT.In this context,this article demonstrates the characteristics and contents of this system by demonstrating the nature of the BOT contract system,and sums up the part of the domestic system that hinders the development of BOT,contrasts with foreign theories and systems,and improves the BOT contract system in China The At the same time to pay attention to the Ministry of Finance and other ministries in recent years to promote the PPP(Public-Private-Partnership),BOT is the upper concept.BOT is included in PPP,it is also the most representative of PPP,one of the most widely used in the country.Therefore,through the study of BOT contract system,China’s PPP research will also provide some help.This paper mainly discusses some legal problems involved in the "BOT"contract system,and analyzes the legal obstacles existing in the BOT contract system in our country,and puts forward the concrete suggestions for perfecting the BOT contract system in China And approach.This paper mainly includes five parts,in the first part,discusses the concept and characteristics of BOT,BOT type and BOT and PPP relationship.The BOT refers to a mode of operation in which the government grants the construction and operation rights to private organizations or the project companies formed by them to carry out the investment,design,construction and operation of public facilities within the time limit given by the government.In the BOT project signed a variety of contracts,formed a BOT contract system.The most critical contract in these contracts is the BOT contract,the project contract,also known as the BOT project contract.It is the main contract for other contracts.The second part discusses the present situation of BOT contract system in China.Indicating that China’ s BOT has experienced 30 years of temper,although it is not yet perfect,but has been developing.In the main body,China’s BOT contract system is the status quo,with the civil subject of the organization can participate.In the contractual rights and obligations and dispute resolution and other issues,BOT contract system is not perfect system.The third part is about the legal problems existing in the BOT contract system in our country.It mainly includes five aspects:the nature of the project contract is not clear,the subject qualification is not clear and the contract right and obligation content is not clear,the legal liability is not clear,and the dispute resolution mode has five problems.These problems need to be based on China’ s practical experience of BOT,learn from other countries of the legal theory and practice,based on our situation to solve.The fourth part,about the civil law system and the Anglo-American legal system BOT contract system status,discussed the French and German BOT contract system is different from the legal requirements.France to the administrative contract system to regulate the BOT contract system,while Germany is based on the two-step theory to establish the BOT contract system legal system.At the same time,this chapter also describes the establishment of the first BOT contract system in the United Kingdom,in the BOT contract system,the advantages of the United States also introduced the BOT established legal system.Combined with the two legal systems,from the foreign legal theory and practice to obtain the BOT contract system for reference.The fifth part discusses the legal proposal of BOT contract system in our country,including six sections.Section 1 clarifies the nature of the BOT project contract.This section demonstrates what the BOT project contract should be and what it should be and argues that the BOT project contract is the opinion of the researcher of the administrative contract and its argument that the BOT project contract has civil The nature of the contract is a special civil contract.The second section discusses the method of perfecting the subject qualification system of BOT contract system in our country.It is suggested that the special provisions of BOT contract subject should be added on the basis of the original civil subject system.In the fourth section,through the discussion,it clarifies the scope of rights and obligations of each contract in our BOT contract system,and explains which of the BOT are ordinary civil rights and obligations and which are special rights and obligations.Section 5 summarizes and demonstrates the legal responsibility of China’s BOT contract system,the sixth section of China’ s BOT contract system to resolve the dispute.At the end of the article,it is also proposed to promote the convergence of BOT contract system and public procurement system to ensure the future development of BOT contract system. |
PDF Full Text Request