A Research of the Government Supervision and Management in a BOT Project

• Main Authors: Yang,Shu-chuan, 楊淑娟
• Other Authors: CHEN,CHUN-SHENG
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/72408550419350503665

碩士 === 國立臺北大學 === 法律專業研究所 === 94 === With the shape of privatization tendency and the cooperative nations model, our government also attempts to lighten the financial burden and to narrow it’s organizations by establishing Public-private partnership (PPPs) with the private sector in recent years. However, should the government supervise the private sector which help to promote the public polices? And how to supervise? It is one of the focal points of PPPs. Because there is no regulation about PPPs in our country, so we have to find the consistency principle of PPPs supervision mechanism through observing each single item. This thesis starts with the treat of PPPs’ concept, forms, constitutional permission and the reasons of supervision, and then focus on one of the PPPs models --BOT –to discuss the government’s management system and relevant regulations. This thesis collects and analyses “Legislative Guide on Privately Financed Infrastructure Projects” of UNCITRAL, “Act on Private Participation in Infrastructure” of Korea, and “Tate's Cairn Tunnel Ordinace “ of Hong Kong in order to probe into our government internal control mechanism and external control mechanism of BOT. In internal control mechanism, it can divide into supervise by law and by contract, when the private sector which builds and operates the infrastructure against the law or breaking the contract, authority in charge may take some necessary dispositions : to order the private sector to make improvement within a given period, to suspend part or all of the construction or the operation, to agree the financial institution take over, to cease the contract, even authority in charge may compulsorily take over by public authority; In external control mechanism, authority in charge of the public, authority in charge of relevant industries, legislatures, and The Control Yuan have the power to supervise BOT project.