BOT基础协议的法律性质分析

BOT投融资方式目前引起了我国的广泛重视 ,一些城市重要公共基础设施的建设、经营都采用了该方式。但对于其基础协议亦即特许权协议的法律性质在我国法学界存在争议。本文认为 ,BOT基础协议是具有国内私法性质的特许权协议 ;有关该协议的法律争议应当通过国内法、国际法规定的途径 ,适用协议履行地国即公共基础设施所在国的法律予以解决。

Analysis of the Legal Features of BOT Agreement

BOT is increasingly becoming the major mode of investment in China, and more and more public construction and management are based on this mode. Concerning the legal status of the basic agreement, or the privilege right, however, opinions differ considerably among the law specialists and the law enforcement agents. The present paper holds that the BOT basic agreement is a privilege agreement equal to a national private law, and all disputes concerning the agreement shall be settled by applying rules as regulated by the national law and international law.