Research On The Legal Mechanism Of Investment And Financing Of China-ASEAN Infrastructure

The interconnection of infrastructure facilities between China and ASEAN is an important part of the initiative of "the Belt and Road".The key problem of infrastructure projects is how to choose investment and financing model.Traditionally,state monopolized the infrastructure market.Recently,there have been the reform of public utilities privatization,and then domestic investors "going out" to participate in cross-border infrastructure projects.Infrastructure investment and financing model has undergone a gradually market-oriented and internationalized development trajectory.Today,the most promising investment and financing model is PPP.This article which is divided into four parts,takes PPP research as the main line and discusses the legal mechanism of infrastructure investment and financing in ChinaASEAN.As follows:The first chapter mainly focuses on the basic contents of infrastructure investment and financing and relevant law theory.Firstly,this article defines the concepts of infrastructure and infrastructure investment and financing,and introduces the basic theory and main modes of infrastructure investment and financing.Secondly,this article clarifies the origin and development of PPP,and expounds the advantages of PPP on the basis of comparing the relationship between PPP and BOT as well as that between PPP and Project Financing.Thirdly,this article analyzes the legal characteristics and legal relationship of international PPP.The second chapter mainly focuses on the legal issues of China-ASEAN infrastructure PPP project cases.This chapter is divided into two parts,which introduces the PPP project of the Kamchay hydropower station in Cambodia and the PPP project of port in and the industrial park in Kyaukyyu.The third chapter focuses on the legislative situation of China-ASEAN infrastructure investment and financing.Firstly,this article introduces the present legislative situation of infrastructure investment and financing in China and ASEAN countries,including the legislative situation at the level of domestic law as well as that at the bilateral and regional levels.Secondly,it discusses the problems existing in the present legislation,which reflects the legislative uncoordination,the absence of special PPP legislation and the imperfect legal cooperation mechanism between China and ASEAN.Thirdly,it systematically expounds the risks of infrastructure investment and financing and the deficiencies of existing legal precautions.The fourth chapter mainly focuses on the legislative recommendations of China-ASEAN infrastructure investment and financing.This chapter discusses the formulation of China's PPP special legislation and the construction of China-ASEAN infrastructure investment and financing legal mechanism.