The BOT Way Utilizes In The Environment Project The Legal Matter Research

Present of our country environmental engineering construction is it face construction fund to be urgent running efficiency low problemming to run. The questions of two respects exist in traditional environmental engineering construction and operation mode, first, can't meet construction fund of the environmental project's demands by governmental investment only, and the cost making the investment is relatively high; Another question is a government department in the course of managing and running the environmental project because lack the professional technique , administrative staff and improperly use to the limited fund, exist traditional environmental benefit low running person lack such issues as enthusiasm ,etc. project of construction.For go out of environmental project construction fund urgent running efficiency low predicamenting, must set up market-based operating mechanism , introduce the participation of the private department, thus widen the channel for investment and financing , improve facilities and run efficiency. BOT one new-type to throw, financing way, way this solve between government and environmental investment and financing and specialized a great deal of difficult problems of management of project with one's own a great deal of advantage their. However, BOT way should pay attention to some questions in the course of environmental project operation, if the government, as how should the persons who supervise and agreement party make a reservation, the administration excellent benefit right in the general administrative contract is suitable in BOT agreement of licensing ; And contract law proclaimed in writing government that forbid can't tender guarantee for enterprise conflict of having to project commitment that Company make; Build environmental project how issue is it reach of both sides equilibrium of interests to bear risk by way of BOT, how to evade to make the environmental project benefit greatest etc..This text throws the financing mode and presents a series of questions to describe to this one of BOT in the environmental project is used, the full text divides into three chapters altogether: Chapter one analysed the investment and financing current situation ofthe environmental project of our country from three respects of aggregate investment , benefit of investment and investment channel, have expounded the channel for investment and financing of the traditional investment and financing way is single , invest in such drawbacks as the investment results are bad with high costs, point out the investment and financing mechanism of the environmental project of our country has not been fit for the development of market economy yet at present, have already become the bottleneck that the environmental protection industry developed further, should structured the investment and financing mechanism of suiting the environmental protection industry of our country, explored the pluralistic investment and financing way. Chapter two analysed the advantage in such aspects as fund-raising , operation and allocation of risks of BOT way, combine the concrete operation in the advantage and practice of the environmental project oneself at the same time , have analysed that uses BOT way to carry on the feasibility of construction in the environmental project. Chapter three carried on the discussion to several legal questions of building the environmental project by way of BOT, such questions as the concrete including government's administration excellent benefit right , government's guaranteeing and risk factor ,etc.