我国BOT立法的必要性及若干难点问题探析

On the Necessity and Difficulties of the BOT Legislation in PRC

BOT是公共基础设施投资、建设和运营的一种方式,它以政府和私营机构之间达成的特许协议为前提,由政府特别授权私营机构筹集资金建设某一基础设施并许可其在一定时期内经营管理该设施。BOT方式蕴涵着巨大的潜能,应当成为我国现阶段基础设施建设中不可或缺的重要支撑,受到国家及各地政府决策部门的高度重视。在未来应由全国人大常委会制定的《BOT项目投融资法》中,应当明确规定风险分担事宜和政府可以提供的保证以及责任承担事宜等难点问题。

A mode of the investment, construction and operation of public infrastructure, BOT refers to that private sectors are au- thorized by the government a privilege to finance and construct some infrastructure and to operate and manage that infra- structure in a certain period based on the concessionary contract between the government and the private sectors. Having an enormous potential, BOT is believed to be an important support of current infrastructure construction in China, to which great importance should be attached by our national and regional decision-making sectors. Relative difficulties should be explicitly stated in The Investment and Financing Law of BOT which will be enacted in the future by the Standing Committee of People＇ s National Congress of PRC such as risk distribution, responsibility undertaking, a- vailable guarantee provided by the government and so on.