A Study On The Management Mode Of Foreign List Entry Negative Inventory

Under the trend of investment liberalization,countries are adjusting legal policy on foreign investment.Applying the principle of national treatmentand and negative list in the process of admission of foreign investment is gradually accepted by more and more countries.The negotiations of bilateral investment treaties between China and the United States,the European Union are based on the mode.Four pilot free trade zones in our country also adopted the mode.This model has greatly increased the openness of our country,but also makes our country to face unprecedented challenges.This article centered on the problem of applying negative list in the process of admission of foreign investment.This paper is divided into four parts to analyze:Firstly, through the meaning and development trend of the admittance of foreign national treatment leads to negative list,then this mode will be explained in detail.The second part analyzes the advantages and disadvantages of negative list,and leads to the contradiction between investment liberalization and state economic sovereignty and solutions.The third part through the introduction of the foreign legislation of the United States, South Korea, India, to understand different countries’ applications of legislation about negative list.The fourth part introduces China’s main current foreign investment legislation, combined with the second part of the foreign legislation, and advises on China’s foreign investment legislation about this model.The foreign investment access system has always been an important problem in the field of international investment,developed countries, led by the United States has been advocating investment liberalization and encouraging other countries access to foreign investment.Developing countries, including China, has experienced the process from the initial suspicion to gradually acceptance.The expansion of investment liberalization will inevitably produce a threat to national economic sovereignty.The main reason is the expansion of foreign power accompanied with government power reduction.How to solve the contradiction between investment liberalization and the national economic sovereignty has become the inevitable problems in every country.The reasonable application of negative list is able to find a balance for investment liberalization and the national economic sovereignty.Because of the application of negative list can improve the investment environment and promote foreign investment flow freely which accorded with the requirement of investment liberalization. And the items listed in negative list leave room for the nation’s economic sovereignty, every country can make rules according to self-condition.Of course,the reasonable application of negative list needs a relatively complete legal system’s guarantee.How to apply negative list reasonablely in our country is a new challenge.Present exploration and practice of Negative list will be applied to foreign investment legislation system of China gradually and make the legislation more open and satisfactory.