BT Mode Of Operation Of The Legal Risks And Prevention

The BT(Build-Transfer)mode is also called the BT investment financing andconstruction mode. The BT mode is a specific model of Public-PrivatePartnerships(PPPs mode), which is originated from the BOT project financing mode.BT model is very popular in developed countries in1980s, which is wildely appled inChina after2000years. However, there is still quite a mess in the actual operation,due to the BT model used such a short time in China, still immature, no special lawsand regulations to adjust the BT mode, the imperfect relevant supporting laws andregulations, which brings great potential legal risks to the parties involved in the BTmode of operation. In this thesis, Firstly, a general overview of the BT mode. Andthen analyze the law risks and prevention of the owners and investors, and finally putforwards some suggestions for improvement for the BT mode in the development inChina.Specifically, the paper is divided into the following three parts:The first part is about overview the BT mode. The basic theory of the BT modeland a series of questions faced when developing in our country were discussed in thepart.The second part is about the owner of the legal risks and prevention. This partincludes: Firstly, the risks and prevention for choosing investor, Which includes twoaspects: The first aspect is the financing capacity of the investment risks andprevention, the second aspect is the risks and risk prevention of constructionmanagement capacity for investor. Secondly, the risks and prevention in bidding,which including the risk analysis and the risk prevention.Finally, the risks and prevention to the loss of the interests of the state-ownedassets. Discussed in two aspects: on the one hand, analyze risks that may lead to theloss of the interests of the state-owned assets in the course of the operation of the BTmodel, on the other hand, put forwards some precaution measures to the loss ofinterest in the state-owned assets. Third part is about the investor’s legal risks and prevention. This part includes:Firstly, the risks and prevention on the legitimacy of the BT mode, whichincludes two aspects: The first is risk analysis on the legitimacy of the BT model, thesecond aspect is risk prevention about legitimacy of the BT model.Secondly, the risks and prevention of BT project, which includes the risk analysisof BT project and risk prevention of BT project. Once again, the risks and preventionof BT investment and construction contract, which is divided into two aspects todiscuss: the risk analysis of BT investment and construction contract and riskprevention of BT investment and construction contract. Finally, the risks andprevention of the BT project repurchase, which also is divided into two aspects todiscuss: on the one hand, the risk analysis of the BT project repurchase, on the otherhand, the risk prevention of BT project repurchase.