On the Rights and Duties of Government and the Private Sector in the BOT Franchise Agreement

摘要

BOT is a new mode of cooperation between government and private sectors (including foreign capitals) from 1980s. China also adopts this kind of mode to construct the project of large-scale public infrastructures. The nucleus of this cooperation mode is the BOT Franchise Agreement. Because of our national conditions,some problems appear,like unclear definition of scope of rights and duties between government and the private sectors; unsmooth relief channel etc. in the practice of the BOT Franchise Agreement. The unsound and imperfect law is the cause resulted in the problems,so we should carry out the special legislation of the BOT Franchise Agreement as soon as possible.