论文部分内容阅读
我国高速公路未来几年建设任务艰巨,BOT融资方式是解决资金不足的有效途径,但BOT融资方式在我国的运用还存在着不少的问题。私人投资者往往要求我国政府在特许授权的法律文件中做出种种保证,如:土地及其它后勤保证、外汇汇兑保证、限制竞争保证、经营期保证、投资回报率保证等。政府的支持与保证是BOT项目取得成功的重要前提。但依目前法律法规要求政府对BOT项目做出保证有一定的法律障碍;其次,我国目前尚无一个协调各部门的机构或职权明确的机构,不同的部门规定有时甚至会出现相矛盾;此外,政府提供投资回报率的保证将会使政府负起赔偿责任。因此,我国须尽快完善BOT投资法律体系,弱化政府的保证责任风险。
The construction of expressways in our country will be arduous in the next few years. BOT financing is an effective way to solve the problem of insufficient funds. However, there are still many problems in using BOT financing in our country. Private investors often require that our government make various guarantees in the legal documents that are authorized by the government, such as land and other logistics assurances, foreign exchange exchange guarantees, restriction of competition guarantee, operation period guarantee and investment return guarantee. Government support and assurance is an important prerequisite for the success of BOT projects. However, according to the current laws and regulations, the government has certain legal obstacles to guarantee the BOT project. Secondly, there is no mechanism for coordinating departments or authorities in our country at present. Different departments sometimes have contradictions sometimes. In addition, The government’s guarantee of return on investment will make the government liable for compensation. Therefore, our country needs to perfect the investment legal system of BOT as soon as possible, weakening the government’s guarantee responsibility risk.