Research On Legal Questions In Relation To Guarantees Of Government In Means Of BOT

The way of international BOT investment has met the demand of the infrasturcture constraction scale, the systematic development in the modern industrializing society. It is a new type cf investment way of utilizing the international private capital carried on in the infrastructure projects. It has drawn more and more attention in nearly all countries in the world, especially in those developing countries because it has the characteristics of high repayment with little government risk.At present, the infrastructure construction of our country lags behind relativly, hence it is an effective way to alleviate infrastructures of our country with insufficient construction fund to develop BOT way of investment. It is characterized with enormous funds,long term of fufiling the contract and high risks of investment. The international private investor often requires the government of host country to offer the abundant and essential assurance. It is of great realistic significance to study the governmental guarantee in BOT project of our country. As a developing country, there is no available mode in our country's guarantees that the government supplies in BOT project. Our country should combine the national conditions and should not indiscriminately imitate other country's experience all-sidedly in those ways of guarantee which some countries takes. Our country can't offer such measures as offering it to the international private investor with the assurance in regular rate of return on investment, etc. The author thinks that it is very necessary. It can achieve the purpose of absorbing the foreign investments to develop infrastructure construction of our country and to offer the proper government and guarantee the international private capital in BOT investment way. The dissertation studies such questions as the meaning, classification and nature of governmental guarantee. And then it researches the scope (which is one of three core legal questions), limitation and prohibition of governmental guarantees. The thesis also studies the legal effects, function and immunity of responsibility of governmental guarantee so as to make effort to clarify the mistaken knowledge on it and establish a comprehensive and correct view of governmental guarantee for perfecting it.