本文以台北大巨蛋BOT案為案例探討,採取質化分析法,因其涉及合約內容權利問題、公安標準認定爭議、法律規範及適應性不足等問題。主因是台灣BOT的經驗不足及法律規範不符合現實的環境等問題,藉由一併檢討並提出建議,並提出改善方案,以期讓台灣的BOT環境更健全及吸引更多民間企業的參與。 In present, Build Operate Transfer (BOT) projects are commonly held in many countries’ government. Wherein, the main reason is that the government could spend less finance expense and could introduce civil enterprise investment, engineering technology, and operation maintenances to accomplish public infrastructure program. Since different country had their own policy plan, system, and cultural backgrounds, BOT may impact different social problems; where as there is no standard for such procedure modal. In fact, Taiwan held many BOT infrastructure projects and had occurred many problems when after the operation; which had caused people to lost confidence on its reliability. Yet the term BOT was also meant for personal profit and corruption. And this is the main reason for my study on BOT standard practices.
The following article reads Taipei Dome as for example; by using qualitative observation methods , the BOT topics concerning to the contract term/right problems, public safety standard problems, civil law and regulation problems. Mainly is because Taiwan lack of such operation experience and government law was not appropriate for the practical environments. And by the means of the study is to raise solutions for the improvement, making Taiwan BOT to be more perfectible and attracts more enterprise to join the program.