BOT特许协议的法律性质在国际投资法学界一直存有争议:西方国家及少数发展中国家的学者都主张其是国际协议,发展中国家包括我国在内都认为其是国内契约,并细化为三类:一是行政合同,二是民商事合同,三是经济合同。本文将围绕BOT特许协议的特殊性,对它的法律性质进行探讨。 The legal nature of the BOT franchise has been controversial in the field of international investment law: scholars in both western countries and a few developing countries have all advocated that it is an international agreement, and developing countries, including China, consider it a domestic contract and are refined into Three categories: one is the administrative contract, the second is civil and commercial contracts, and the third is economic contracts. This article will focus on the special nature of the BOT concession agreement, to explore its legal nature.