An Analysis Of Some Legal Problems In Negative List

When it comes into the new century, especially in the last ten years, the rapid development of international investment has new requirements for international investment and trade rules. However, based on the existing voting system of WTO, each member cannot reach an agreement from their own interests. Stagnation of The Doha Round negotiations means failing to solve the investment trade differences, investment and trade rules to build a unified vision under the framework of WTO. Drove by USA, the representative of developed countries, a new round of international investment and trade rules revolution is taking place, and the new order of high standard international investment and trade is quietly forming, Pre-establishment national treatment and the negative list management mode have become the main features of international investment and trade. To cope with this round of reform, to better align with the international community, to enjoy the benefits of opening to the outside world in 2013, Chinese(Shanghai) experimental free-trade area(hereinafter referred to as the Shanghai FTA) launched the first negative listings in China, and in 2014 July introduced a revised version. This paper first introduced the concept of the negative listings; how negative listings come up in the development process of post-war international investment and trade, main characteristics of negative list management mode. Then analyzes the reasons of China’s government’s introducing of the negative list management model, discusses the location and characteristics of Shanghai Free Trade Zone negative listings: through the analysis features of the negative listings of America and Mexico, and analyzed the contrast Shanghai FTA negative list text, to find the main characteristics of Shanghai FTA negative listings. In the main part of the article, the authors discussed the important legal issues involved in the Shanghai FTA negative list one by one, putting forward that Shanghai FTA negative listings’ content is multifarious, limiting condition is not clear, the lack of domestic law support, low operability and modify the frequent problems. By drawing lessons from the international experience and according to the existing problems in the optimization of the negative listings at the same time, gave some suggestions in improving transparency, modifying and improving the legal system of foreign reserves management, modifying permissions negative listings accordingly, improving the mechanism settlement for foreign investment related dispute.This paper mainly adopts comparative analysis and normative analysis method to find some problems of the present Shanghai FTA negative listings. With learning from the relevant international experience and objective reality, the authors put forward some suggestions on how to make full use of the advanced management pattern--negative list management mode, protect the core industry with the foreign capital management field fully expand opening to the outside world, and low the possibility of default of our government on international agreements to maximize.