经济全球化背景下我国BOT立法的反思与重构

我国现行BOT立法不仅与国情不符,更与经济全球化的深入推进不相适应。法律体系不科学、不完整、不具前瞻性,导致BOT在我国的适用存在诸多问题和障碍,这些问题和障碍不仅严重阻碍了BOT方式在我国的顺利开展,也不能满足我国更深更广地融入经济全球化的要求。为此必须在经济全球化的大背景下,立足国情,借鉴国际经验,从立法模式、立法原则、立法体系、游戏规则等方面全方位重构BOT立法。

The Legislation of BOT in China in the Era of Economic Globalization: Rethinking and Reconstruction

The present legislation of BOT in China not only doesn't accord with our national conditions, but also doesn't fit in with the development of the economic globalization in depth. There are many problems and hindrances in the operation of BOT in our country due to the unscientific, incomplete, and in advanced law system. Those problems and hindrances not only seriously impede the smooth launch of BOT in our country, but also make it impossible to meet the requirements of the development of economic globalization in depth and width. Accordingly, we have to reconstruct the legislation of BOT in respect of the pattern, the principles, the system, and the rules of game based on the national conditions and using the experience of other countries for reference in the background of economic globalization.