The Degree of Government's Supervision and Management for BOT Projects

Autor: Yao-Tsung Chuang, 莊曜聰
Rok vydání: 2004
Druh dokumentu: 學位論文 ; thesis
Popis: 92
The BOT projects are highly uncertain due to large scale, complicated contents, and lack of consensus on concepts and implementation. Such a new delivery method makes participants adjust their roles, and changes the way of government’s supervision and management (SM). This research studies the degree of government’s supervision and management for the construction stage of BOT projects, by taking the Kaohsiung Mass Rapid Transit (KMRT) project as a case. The main participants for a BOT project are the government, BOT franchisee, and contractors. This reaseach takes an analyis on: the government to the BOT franchisee, and the BOT franchisee to the contractors. First, it reviews the laws about private sector participation, the theory of the administrative laws, and the concepts of the public management, and derives the ‘strictly moderate’ and ‘moderate’ degrees of government’s SM. It further analyzes the FIDIC contracts to derive that the degree of the BOT franchisee’s SM can be ‘strict’ and ‘weak’. At the same time, the KMRT project main participants are interviewed to understand the problems and situations of the government’s SM, and confirm the derived model. After investigating the theory and practice, the government’s SM for BOT projects should be a top-strictly moderate and bottom-strict mode for projects of highly public welfare. That is, the government supervises the BOT franchisee strict moderately, and the franchisee supervises the contractor strictly. For lower public welfare BOT projects, the government’s SM should be a top-moderate and bottom-strict mode. Such arrangements will bring a harmonious balance, between the public welfare which the government aims for and private benefits which the BOT franchisee pursues, as well as the required government control and efficiency the franchisee can develop.
Databáze: Networked Digital Library of Theses & Dissertations