Study On China FTA Negative List Mode In The Perspective Of Autonomy Of Private Law

"No permitted, No prohibited" as long as the actor does not implement the private field infringes upon the legitimate the ban for law injustice. He enjoyed full freedom. "The law does not prohibit all free" to declare that all remaining after deducting the ban space are free territory. Which highlights the freedom to "deduction right" Everything is contained therein? Characteristics thus creating the largest autonomous space. China Shanghai free trade area to adopt a "negative list management" on foreign investment access. This pattern is bright and difficulties of the Shanghai Free Trade Zone. Namely "None cut that into". The negative list actually is the exception of the principle is the embodiment of the "no law prohibited to carry out" concept. Is the spirit of autonomy of private law? Further implementation of free and open access in the market of our country. Is the spirit of autonomy of private law to implement? And it has important significance to deepen reform in china.This paper adopts the method of comparative analysis.First of the entire negative and positive list compared to negative and positive list. A list of the different market freedom. Government approval and management of cost efficiency. And standardize the government discretion separately. Obtains the negative list mode so that the behavior of the market main body more full freedom. To promote public and transparent administrative behavior. Discretion standard government restriction. But also helps to establish a scientific. Systematic government approval and management systems. Also helps to urge the government to update the relevant policies. To effectively respond to market demand.Secondly. A comparative analysis of foreign and domestic negative list mode. After all. There are many differences between countries. Provisions inconsistent measures current on what industry. The future provisions inconsistent measures to retain what industry. It can be said that the current no two countries are basically the same. Through the comparative analysis of the foreign negative list mode has important significance for Shanghai free trade test area.This paper adopts the verification.For example demonstrates a negative list mode and the autonomy of private law adopted the idea of rule of law is consistent. The negative list mode is to implement the autonomy of private law. An advanced negative list system not only relaxes government control. But also represents a "law does not prohibit all free" concept of autonomy of private law. Under the condition of market economy next. Should as far as possible to give the parties free behavior is the common demand of market economy and the autonomy of the will.