Study On The Pre-establishment National Treatment Of Shanghai Pilot Free Trade Zone

National treatment in the international law first comes from international trade field.All three agreements of WTO involved national treatment.With the development of economic globalization, its scope extended to international investments and received wide attention.It is generally believed that foreign capital begin to enjoy national treatment after a foreign capital enterprise set up.With the development of international economic,investment liberalization is also on the agenda.Due to provide foreign investors with a larger discount,national treatment comply with the trend of the international investment liberalization.However,if the ability of foreign capital regulation is weak, national treatment may erode its sovereignty.Our country are careful to foreign investment.The implementation of pre-establishment national treatment and negative list mode in the Shanghai Pilot Free Trade Zone is a major breakthrough in the foreign management in our country.The government hopes the institutional constraints arbitrarily behavior,improve the efficiency of foreign capital management,establish a more fair and open market system.This article is started with the connotation of pre-establishment national treatment,analysis the difference with other treatment of WTO,and clarify its trajectory.By analyzing the relevant legal system of Shanghai Pilot Free Trade Zone,the article will point out the possible problems and put forward some solution.