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BOT投资方式中最为重要的是BOT特许协议,BOT特许协议是东道国政府与私人投资者签订的关于政府授权许可私人投资者在特许期限内建设、经营原本专属于政府的公共基础设施的契约性文件或合同,其具有一定的特殊性,它的法律性质迄今为止在国际和国内存有争议,焦点在于特许协议是国际法协议还是国内法协议,是公法上的契约还是私法上的契约。
The most important of the BOT investment is the BOT license, a contractual document signed between the host government and private investors to authorize private investors to set up and operate public infrastructure originally owned by the government within the concession period Or contract, which has its own particularity. Its legal nature has so far been controversial both at home and abroad. The focus is whether the concession agreement is an international law agreement or a domestic law agreement, whether it is a public law contract or a private law contract.