BOT是私营企业参与一国基础设施建设经营的方式。本文对BOT的法律性质作了分析,认为BOT是民事合同,而非行政合同,作为一种新兴的投资方式,适用东道国法律。从利用外资的角度和立法欠缺的现状来看,我国应尽快制定关于BOT整个制度的综合立法性文件。 BOT is a way for private enterprises to participate in infrastructure construction and operation in a country. This article analyzes the legal nature of BOT and considers BOT as a civil contract rather than as an administrative contract. As a new form of investment, BOT is applicable to the law of the host country. From the perspective of using foreign capital and the current situation of lack of legislation, our country should formulate a comprehensive legislative document on the entire BOT system as soon as possible.