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On our BOT financing guarantee

Author: CuiZuoNa
Tutor: JiangZhengYang
School: Central University for Nationalities
Course: Economic law principle
Keywords: BOT Guarantee Floating charge Government guarantee
CLC: D922.29;D922.28
Type: Master's thesis
Year: 2011
Downloads: 84
Quote: 0
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Abstract


In 1984, China introduced the first BOT project - Guangdong Shajiao B power Thereafter, BOT This rise in the 1980s, and is widely used in international new financing began to appear in the infrastructure sector in China. BOT as a new investment, has a huge potential for development, and in many ways do not have the advantage of traditional investment for developing countries, prominently BOT effectively easing the process of government in infrastructure construction The problem of insufficient investment in the funds, and the original construction of projects undertaken by the government of risk diversification, transfer and shared responsibility in favor of investors, lenders and other parties involved in the project. Unique advantages in view of the BOT, and actively promote their development needs in line with China's economic construction and the status quo, however, BOT has not been widely used in some areas of China, which one of the main reasons is the the BOT guarantee the problem has not been an effective solution to the performance of the lack of relevant provisions in the laws and regulations, thereby enabling effective way of security is not applied in actual operation. For private investors, the law guarantees the right to protection is an important safety and security, is also one of the important factors that influence its investment decisions made. Security problems, have an important role in promoting the development of the BOT. The main purpose of this study is the analysis of the status of our existing BOT guarantee, and based on the actual points sound advice, and hopes to do their own contribution to help the Perfection of China's BOT guarantee. Articles concrete is divided into four parts: Chapter: starting from the meaning and operation of the BOT process BOT financing in general, and further from the object of financing, recourse guarantee introduced the BOT financing characteristics. Chapter II: Analysis of BOT projects in the form of a guarantee, and its classification, that the civil law on guarantees and warranties commitment, and analyzed one by one, including the secured application, the advantages and disadvantages on BOT adaptability. Responsibility for the main body of the guarantee and its guarantee commitments also were discussed. Chapter 3: guarantee the legal system in our existing BOT, respectively floating mortgaged property and the government to ensure that the two summed up the inadequacies of the current guarantee system. Chapter IV: through the introduction of international common practice, learn from the author which advanced at perfect the BOT guarantee legal system, including how to improve the system of floating charges, exclude the Government to ensure obstacles. And for the proposed realistic feasibility.

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