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BOT是英文BUILD-OPERATE-TRANSFER的简称,是一种在英国率先兴起并在欧洲国家得到较多应用的投资方式,中文意为建设一经营一移交,即政府通过特许协议,引入国外资金或民间资金进行专属于政府的基础设施建设,投资方在特许期内拥有对该建设项目的营运和维护权,营运和维护的收益是投资利益的保证。特许期满后,该项目设施的有关权利或无偿地移交给政府,或按协议由政府赎回,或签订新的协议由投资方继续营运和管理。这种投资方式越来越受到关注,显示出强大的生命力。在我国的实践中,标准意义上的BOT项目应用并不充分,而类似于BOT模式的项目却大量存在。当众多专家学者来共同研究这一课题的时候,本文却试图换一个角度来看待这个问题,即不仅要看到这种类资方式的优势,同时要看到这种投资方式的弱点,以及克服这些弱点的有效手段之一——公证介入的必要性。
BOT is short for BUILD-OPERATE-TRANSFER in English. It is a kind of investment way that is the first to be raised in Britain and get more applications in European countries. Chinese means building a business as soon as the transfer is over, that is, the government introduces foreign funds or private enterprises through franchise agreements Funds are invested exclusively in government infrastructure construction. Investors have the right to operate and maintain the construction project during the concession period, and the profit from operation and maintenance is the guarantee of investment benefits. After the expiration of the concession, the relevant rights of the project facility are transferred to the government at no charge or redeemed by the government according to the agreement or a new agreement is signed and the investor continues to operate and manage the project. This kind of investment has drawn more and more attention and demonstrated great vitality. In practice in our country, the application of BOT project in the standard sense is not sufficient, but there are many projects similar to BOT model. When many experts and scholars come together to study this subject, this article attempts to look at this issue from another perspective. That is, we should not only see the advantages of such capitalization, but also see the weakness of this investment method and overcome these One of the effective means of weakness - the necessity of notary intervention.