Private Capital Investment In Bot Model Municipal Utilities Legal Problems And Countermeasures

BOT is one of project financing ways being on the rise in the last 80's. At the beginning, BOT is used for attracting foreign capital in the infrastructure construction field. But as the development of private capital of our country and the change of policy and law in our country, more and more private capital invests in the infrastructure construction project. This paper is to analyze the law problems private capital confronting in the infrastructure construction with BOT pattern and provide countermeasures for informing the private capital BOT of Shandong Province.This paper contains five parts, about 30,000 words.The first chapter is the basic concept of BOT .The author introduces the definition,main kinds,main features, the origin and development of BOT .Through this chapter,we have a general picture of the history of BOT and know the private capital BOT becoming the new trend.The second chapter is about analysis of the necessity, feasibility and characteristics of private capital BOT. Through this analysis, we have the knowledge that it is not only necessary, but also feasible that private capital BOT invests in infrastructure construction projects.And in the last several years, private capital BOT has been forming certaion their own characteristics.The third chapter is about the analysis of law problems that private capital BOT in infrastructure construction confronts with. The author pays more attention on the five main law problems.They are legislation, government guarantee, finance, pirce, supervision.Through this chapter, we see some defects in the legislation of our country.The fourth chapter is about the countermeasures for the exsiting problems solution. The author suggests that we should perfect the legislation and policies through the following methords. They are to improve the rank of legislation, explain some problems, pefect the form and make the content of liability clear.The fifth chapter is the suggestion to private capital BOT of Shandong Province.The author points out the problems private capital meeting in our province, and suggests that we should make perfection from the following aspects .They are the concept of government, legislation, and peforment.