The Study of Legal Infrastructures against Private Participation in Infrastructure Projects-A Case Study of Tamsui BOT Public Sanitary Sewer Project

碩士 === 中原大學 === 財經法律研究所 === 100 === The importance of the construction of sewer is related to not only national competitiveness but also the environment we live in, and only the protection and decontamination of rivers will provide future generations a sustainable living environment in the future. H...

Full description

Bibliographic Details
Main Authors: Chih-Jung Chen, 陳志榮
Other Authors: Yin-Chin Chen
Format: Others
Language:zh-TW
Published: 2012
Online Access:http://ndltd.ncl.edu.tw/handle/62345879714231829069
Description
Summary:碩士 === 中原大學 === 財經法律研究所 === 100 === The importance of the construction of sewer is related to not only national competitiveness but also the environment we live in, and only the protection and decontamination of rivers will provide future generations a sustainable living environment in the future. However, since public finances are growing lower and lower and the improvement of the public quality is to be hoped for with the philosophy of enterprise management, our government has put increasing emphasis on the concept for facilitation of private investment in order to slow down short-term recession of public finances. As a result, the study put the emphasis on the legal infrastructures. It will present not only the BOT(Build-Operate-Transfer)policy but also the practical vision and cooperation situation between the government and private institution on the Tamsui BOT public sanitary sewer project. The first case of Building sanitary sewer collecting facilities which is done by private institution , no operational assurance of payment mechanism and Specialized sanitary sewer facilities is done by private institution. CPAMI (Construction and Planning Agency Ministry of Interior) has taken Tamsui BOT public sanitary sewer project as a model project to promote BOT policy. The difficulty of Legal Infrastructures on the Tamsui BOT public sanitary sewer project will be discussed one after another in the beginning of its operation. As for the law affairs in case of promoting participation of the private institution, such as BOT policy and the cooperation of the law of the central authorities in charge of the industries. The consumer protection laws apply in the Promotion of Private Participation Construction. Promotion of Private Participation in the case of investment whether it should first apply for an environmental impact assessment. The difficulty of Promotion of Private Participation Law to force to take over a company with the independent system of corporate governance of the Company Law. Private participation in the original shareholders of the Company under the concession liability issues. To face up the problem and suggest of the legal system of BOT project .