Study On Negative List Mechanism Within China(Shanghai) Pilot Free Trade Zone

There are two different mechanisms for National Treatment on investment permission in the international investment area, which are "positive list" mechanism and "negative list" mechanism, according to the opening level of it. There comes the wave which is the international investment liberalization in the international trade and investment area during1980s, America, Canada and Mexico were the first to make agreements in the chapter11of NAFTA to guide the investment activities and protect the interests of investors from their country, the non-conformity measures from the article1108drew a great attention due to the participation of Mexico, and have a great influence on FTAs and the model of BIT of America afterward. Nowadays, the "negative list" mechanism is remodeling the regulations of international trade and investment under the promotion of America, via the negotiation of TPP and TTIP, while China have accepted "National Treatment on investment permission and Negative list" mechanism during the fifth negotiation of strategies and economics between China and America, which was ended in July of2013, both party have agreed to enter the material period negotiation based on that. As the must face challenge of Investment Agreement Negotiation between China and America, the "negative list" mechanism of China (Shanghai) Pilot Free Trade Zone is the preparation for that challenge and experiment to administrative mechanism of FDI, that mechanism will benefit to deepen economic reform and enlarge opening-up.This article will study the "negative list" mechanism via analytical method, comparative method and historical method, and divide three sections to explain it:Section one:I will confirm there are two different administrative approaches of the National Treatment on investment permission firstly, introduce the concept and disadvantage of "Positive List" mechanism, then I will explain the concept and origin of the "Negative List" mechanism. After that I will analysis the liberalism law principles which is contained in the "Negative List", explain the advantages of the "Negative List" if we implement it on foreign investment, finally try to find the shortage of the "Negative List"Section two:I will try to show the realistic evidences of comparative law related with the "Negative List" mechanism by investigating the bilateral practices in U.S. Model Bilateral Investment Treaty, Canada’s Model BIT and BIT of Japan and South Korea and regional practices in NAFTA, TPP and TTIP, then summarize the characteristics of the "Negative List" in the global world based on them;Section three:I would discuss the characteristics and shortages of the Special Administrative Measures on Investment Permission (“Negative List")(2013) within the China(Shanghai) Pilot Free Trade Zone, and put forward some policy measures on macroscopic aspects and microscopic aspects to make the "Negative List" mechanism implemented within China(Shanghai) Pilot Free Trade Zone perfect.