论BOT的核心法律问题

本文认为， ＢＯＴ与项目融资的关系、特许权协议的法律性质以及政府保证的范围构成 ＢＯＴ的三大核心法律问题，并明确指出：ＢＯＴ作为一种特殊的私人直接投资，与项目融资有着本质区别，决非项目融资的一种特殊形式；作为ＢＯＴ基础协议的特许权协议，应属行政合同；而ＢＯＴ的政府保证，不仅应包括政府就有关政策、法律问题所作的承诺和担保，而且也应包括对投资回报率等商业性条件所作的保证。

Some Significant Legal Problems in BOT

The writer in the exist points out that there exist three significant legal problems in BOT, that is, the relationship between BOT and project financing, legal properties of concession and the range of government guarantee , and the writer further illustrates that BOT, as a special investment by private businessman is different from project financing. The concession, the basic agreement in BOT need be considered a kind of administrative contract. Furthermore, government guarantee should not only include the promises made by the government concerning some basic problems, it should also comprise the Promises made by the government as to the return the of the investments.