我国目前调整BOT方式的主要法律规范是外经贸部、国家计委等几大部委下发的两个行政规章,其存在着法律位阶低、有关规定之间冲突、对BOT方式涉及的许多法律问题缺乏规定及未明确BOT方式的法律适用和争议解决等弊端,鉴于BOT方式在我国试用的情况及对未来的预测,考虑到BOT方式法律关系的复杂性及不同国家对BOT相关问题理解的差异,现阶段有必要通过专项立法,对其进行系统规则。 At present, the main legal norms for adjusting BOT in our country are the two administrative regulations promulgated by the ministries and commissions such as the MOFTEC and the State Planning Commission. There are two administrative regulations issued by the ministries and commissions such as the low law rank and the conflict between the relevant provisions. Many laws concerning the BOT approach In view of the trial mode of BOT in our country and the prediction of the future, taking into account the complexity of the legal relationship of BOT mode and the difference of understandings of BOT related issues in different countries, At this stage, it is necessary to adopt special legislation to regulate them systematically.