论BOT投资方式中的政府保证-经济法专业论文.docxVIP

1 1 2 2 Abstract Since the 1980s, in order to solve the infrastructure funding shortfalls of government, many states have begun to explore a new infrastructure mode that let the private capital participate in international infrastructure construction. Under this background BOT investment came into being, and quickly received the favor of all countries and became the indispensable accelerator of world’s economic development. Our country got a late start on the application of BOT investment and there is a big gap between our country and many other countries both in theoretical study and application. This gap is particularly prominent in the government guarantee. The lack of government guarantee system and the confusion in actual operation has seriously hindered the development of BOT investment in our country, which has aroused a great concern of scholars. This paper insisted the principle of proceeding from reality, adopted the methods of practice analysis and comparative analysis, combined the theory and practice of domestic and foreign BOT government guarantee, and analyzed the main problem of government guarantee in BOT investment from an objective, legal and international perspective. Finally on the basis of the shortage of the BOT government guarantee system, it makes recommendations on improving the BOT government guarantee system to promote the development of BOT investment and let it better serve for the economic development of China. This paper is divided into five chapters: In the first chapter, it summarized the government guarantee in BOT investment. It stared with the general meaning of the assurance, lucubrates the scope of BOT government guarantee and the attitude of the host country to the BOT government guarantee. And then it discussed the risk including commercial risk and political risk in the BOT investment faced by all the investors, so as to educe the need for the BOT government guarantee. Finally, based on the practice in BOT government guarant