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BOT方式下特许协议的性质究竟为行政合同还是民事合同,特许协议中政府保证的性质如何,学界一直颇有争议。本文通过对不同观点的分析,指出特许协议是具有特殊性的民事合同,政府保证的实质为合同义务。
The nature of the concession agreement under the BOT model is an administrative contract or a civil contract. What is the nature of the government guarantee in the concession agreement? The academic community has been quite controversial. Through the analysis of different viewpoints, this paper points out that the concession agreement is a civil contract with particularity, and the essence of the government guarantee is the contractual obligation.