Research On The Legal Issues About Negative List Of Permission For Foreign Investment In Shanghai Free Trade Zone

The negative list of Shanghai FTZ is the special management measures for access of foreign investment, after the introduction get the extensive attention. Foreign pre establishment national treatment and negative list system is a prominent spot for free trade zone reform. The foreign investment management system embodies the government management to social governance, from the government regulation to the law, high power by government guidance to the competition and coordination, by the native spirit to the global vision of the spirit of rule of law. It reflects our country began to reform its foreign investment access system, establish a more opening investment rules, to participate in investment rules of the reconstruction of a new rules.This paper uses the literature research method and the comparative analysis method to study the legal problem of the negative list of foreign investment access in Shanghai Free Trade Zone, and will be divided into four parts to explain the full text:The first part, the first clear negative list of foreign access to the connotation, points out the negative list definition and output and development and access to national treatment and the negative list of relations and then focuses on the analysis of the legal value of the negative list. The second part, the main comparative analysis of the 2013 edition and the 2014 edition of the negative list of the characteristics and advantages and disadvantages, and on the 2014 edition of the negative list of the contents of the existing legal issues. The third part, citing negative list of international experience in the implementation of the other countries of the admission of foreign investment law and international treaties, mainly related to by virtue as the representative of the developed countries and the Philippines, India as the representative of the developing countries and in the international has important influence of NAFTA, TPP, TTIP and PSA, international agreements, legal problems for the existence of a negative list Shanghai FTA provides empirical comparison method, and based on the summary of the implementation of the negative list where you can learn from. The fourth part, on the negative list of the inadequacies of the list and propound the negative list of international experience in the implementation of the list of the implementation of the legal aspects of the perfect measures.Negative list of 2014 based on the revised 2013, and deleted of the negative list(2013) 190 foreign special management measures on 51, changed some of the measures. But in the process of negative list mode, there are still some problems. Such as, the measures for the foreign investment, the list includes too much, and prior to the implementation of the Industrial Catalog for foreign investment no substantive change; Shanghai City Hall as main body of making the negative list, it is difficult to form a "can copy and can be popularized"; Shanghai FTZ openness in the service industry is very limited, and the most in service industry, open to the level required by GATS, can not meet the post-WTO era and PSA for international investment areas, especially in service industry further opening market requirements; the negative list of low transparency, detract from the list of operation; and the regulations is not perfect.Because our country has just using of the negative list system, there are a lot of problems about the negative list, our country should draw on the experience of negative list of countries have implemented the. To cut down the special measures; to change in the future and the right to their existence has not yet been inconsistent industries and sectors to take measures in the future to retain; to legislate by the relevant departments of the government; to divide the negative list using the international general "service sector classification list" for the industry; existing laws systematically combing and finishing, especially involving foreign security review, the laws to protect the intellectual property and the dispute settlement, should be abolish, change, legislation.