A Preliminary Study On The Legal Issues Of The Investment Facilitation Of China Shanghai Pilot Free Trade Zone

China Shanghai pilot free trade zone was formally established in September29,2013. Promoting investment facilitation is an important content of the reform of the FTZ. Whether to establish pre-establishment national treatment and the negative list management model, or in the financial supervision, customs supervision and investment dispute settlement mechanism and other aspects of the reform, both imply new opportunities and new channels, and provide facilitation for foreign-funded enterprises to enter the Chinese market. The dissertation takes Shanghai FTZ investment facilitation legal problems as the research object and analyzes the problems from the investment access, financial supervision, customs supervision and investment dispute settlement, and gives the corresponding measures of improvement.As the first area of practicing the new rules of international investment, the Shanghai FTZ has made the reform and innovation in investment access system. It established pre-establishment national treatment and the negative list management model of the Shanghai FTZ. A more fair and transparent foreign investment access system, has a positive role to improve the level of investment facilitation. However, the implementation process of the Shanghai FTZ investment access system also have some problems, such as ignoring the relationship between pre-establishment national treatment and the negative list, lacking implementation measures of restrictive measures in the negative list. Correctly handle the problems in the implementation process and improve the investment access system has strong theoretical and practical significance. It will help promote investment facilitation.A series of reforms in the financial sector is essential for the Shanghai FTZ investment facilitation. Financial innovation has created conditions for the Shanghai FTZ investment facilitation. The Shanghai FTZ has implemented a more simplified investment exchange procedures, broadened the financing channels and opened the capital market for the foreign investment. The level of investment facilitation increases dramatically. But the financial supervision system has a large number of blank, unable to keep up with the pace of financial reform and easily lead to financial risk. Therefore, it need to perfect the financial supervision system from multiple perspectives to create a convenient and security investment environment so as to facilitate investment.The Shanghai FTZ has implemented "being located inside the territory but outside the customs control" of the customs supervision mode. By greatly simplifying customs procedures, the Shanghai FTZ provides more convenience for businesses. In the specific implementation of the customs supervision system, the Shanghai FTZ also has some aspects need to be improved. The Shanghai FTZ will handle the relationship between "regulation" and "open", to reduce the burden on enterprises, and attract more foreign investment, promote investment facilitation.The establishment and perfection of the investment dispute settlement mechanism of the Shanghai FTZ also has important practical significance. It is an important factor decides whether the FTZ acting on the international convention and developing in long-term. It is the key to attract foreign investment enterprises stationed the headquarters and the main operating mechanism in the FTZ.