Research On Negative List Of Shanghai Pilot Free Trade Zone

In recent years, under the advocacy of United States and other countries, a new round of regional and global, bilateral and multilateral international trade and investment negotiations were carrying out. These negotiations included the Transatlantic Trade and Investment Partnership Agreements(TTIP), the Trans-pacific Partnership(TPP) and Plurilateral Services Agreement(PSA). While bilateral treaties included free trade agreements between the United States and South Korea, Japan and South Korea. Meanwhile, the bilateral investment treaty between China and the United States is also under negotiation. These negotiations centered on high standards of investment access which is advocated by the United States. "Negative List" foreign investment access mode, which is paid close attention by the world, is one of the performances of the high level of investment standard of the Unite States. In 2013, China established the China(Shanghai) Pilot Free Trade Zone, and in September announced the first negative list. It made great difference to China to change the foreign investment management style to “negative list management mode”. Under this background, this research is of great theoretical and practical significance.The article has four parts and contains about forty thousand words.The first part is introduction, including the background of research, a review of related literature, thinking of writing, theoretical and practical significance and creative ideas of the thesis.The second part is about the summary of Negative List of China(Shanghai) Pilot Free Trade Zone, including the source of the Negative List, legal basis, jurisprudence, the text, the function and the modification of Negative List. “Negative List management mode” shows the jurisprudence that activities which are not prohibited by law are allowed. Negative List draws a line between government and market and indicates that China is trying to provide national treatment during the pre-establishment period of the foreign investment. To what degree dose one government open its market and how to manage the foreign investment are with respect to the national economic sovereignty of a country. So it is necessary for us to learn the legal basis of Negative List of Shanghai Free Trade Area. Negative List has two editions now, and text research and empirical research are necessary when studying Negative List, so this part also contains the text and the function of the Negative List. It will be used nationwide when gaining enough experience, so modification is an important issue during its testing period in Shanghai. Then the analysis of the procedure and frequency of the modification should be carried out.The third part is the comment of Negative List of Shanghai Free Trade Zone. The structure of the Negative List of Shanghai Pilot Free Trade Zone is more than different with the one which is used in international practice. And there are also some defects of the Negative List of Shanghai Free Trade Area. For example, it is not transparent enough, the market has not been open to the degree people expected, measures are listed without legal support, and there is a lack of dispute settlement on the Negative List. In order to improve the Negative List, making it consistent with the international practice, this thesis put forward the corresponding countermeasures for the problems.The final section of the article discusses the popularization of the Negative List, including the routine to popularize the Negative List, the local government’s right to reserve, and the relationship between Negative List and BIT negotiation. In the author’s opinion, after the test in Shanghai, the Negative List will be used nationwide, which is the need of Reform and Opening up Policy and also the need of BIT and FTA negotiation. Since China has been adopting strict examination and approval policy toward foreign investment for a long time, the applicant of Negative List is a great challenge to Chinese administrative system. The fifth part also discussed about how to improve filling system to reduce the risks after the access of the foreign capital and gave suggestions to built better national security review system to protect domestic market.