BOT项目特许协议法律性质及风险问题研究

A review of the legal state and the legal risks of the BOT project contract

在 BOT项目中特许协议为其核心问题 ,国内对 BOT项目中特许协议的性质存在不同的观点。本文认为BOT特许协议的性质应为国内法契约中的行政合同 ,同时对BOT特许协议所引致的法律风险提出了自己的看法 ,并在文中提出了应在我国建立行政合同制度及解决和回避特许协议所致风险的措施和方法。

It is known that the concession agreement contract is the essential problem in the BOT project, which legal state was presented as different words in China. In this essay, the concession agreement contract is defined as the administrative contract, based on the legal frame of the domestic contract law. Moreover, the essay lists the risks of the contract and suggests some methods to avoid and resolve such risks, including the consideration of the legal principles on the administrative contract among current contract law.