Study On Negative List Of Foreign Investment Admission

The rules of global investment to build have become the mainstream of world economic activity. In order to promote the new change by trade and investment in our country, it is necessary that find a suitable for China’s national conditions at the same time, to face the world trend of economic development pattern when the reform, opening up and modernization construction in full swing smoothly in the new period. Became our country to deal with investment liberalization has opened up a can copy, can promote the development of model and has made great contribution for our country in the new period of socialist construction when China free trade area of Shanghai was founded in 2013. As the model in Tianjin, Fujian, Guangdong after application of the three places, further expand the scope of the free trade area and to the negative list text quality, boost the BIT investment protection agreement is a theoretical and practical significance.At the request of the opening move, it is an important step in the open a new chapter that promoted political and economic system reform in China by constructing of free trade area and it is that we enjoy the bonus is the inevitable requirement of the new system too. As an importance concept in the international investment field and a guiding for foreign investment, negative list is directly related to success or failure in the field of international investment in China. We should pay special attention to the investment model. This article from four parts to the negative list management model is discussed.The first part is mainly to negative listing overview of management mode. In this section expounds the concept and characteristics of negative list, compare list of negative and positive list at the same time and analysis of the connection and differences between the two of them. And the same time system in this paper, the negative inventory management model of path and the characteristics of historical stages and in combination with the practice about negative list management mode development present situation. The second part focuses on negative listing management mode of international practice experience and draw lessons from with China. This part discusses from two angles.The second part focuses on negative listing management mode of international practice experience and draw lessons from with China. This part discusses from two angles.First of all, it is an introduction to the international practice experience of negative listing management mode. Respectively from the perspective of developed countries and developing countries to introduce negative listing in the use of the home and abroad and its development course embodies capital export demand of developed countries and developing countries to maintain the game between the domestic industry security requirements.Secondly, this paper introduces the negative inventory management mode in the practice of our country. From CAFTA, The investment agreement of China and the United States and China, Japan and South Korea free trade negotiation is discussed respectively. Since 2002, China and ASEAN 10 fta began negotiated, after years of effort on January 1, 2010, China- ASEAN free trade area had been built. China and ASEAN countries tariff levels greatly reduced and service trade liberalization and deepening through this platform. Economic and trade relations between China and ASEAN has made full development. In view of the negative list of problems in the field of investment, China carried out several rounds of negotiations with the United States. It fully shows the importance of the two sides for this problem. BIT of China and the United States is expected to greatly not only release the potential of mutual investment between the two countries, as well as the American manufacturing return policy and China’s reform and structure adjustment. In May of 2012, the trilateral investment agreement signed by China, Japan and South Korea to certain extent promote the China, Japan and South Korea free trade talks, expand the scope of trade and investment between China, Japan and South Korea and promote the development of east Asian economic integration.The third part is mainly aimed at the Shanghai free trade zone negative list mode of thinking. The construction of Shanghai free trade area is under internal and external pressure. Outside America and Japan and Europe to establish the TPP and TIPP grounds contain China’s economic development, in China due to slow economic growth of the problems of the global financial crisis, make our country is faced with a dilemma. In order to seek better development, China actively promote China-US BIT negotiations, it also provides an opportunity for the construction of Chinese free trade area. Shanghai free trade zone version released two negative list which is continue to improve and mature, but there are also disadvantages. The continuous improvement of negative list design need us from set out actually, comprehensive national conditions to extract a version can be applied in the negative list.The fourth part analyses the opportunities and challenges which may bring by negative list mode. Introducing negative listing management of foreign investment, not only simplifies the introduction of foreign investment program, foreign capital on the requirements more transparent, and raise the enthusiasm of the foreign investment. But the introduction of negative listing management of foreign capital will also face the national sovereignty has been violated, the problem such as traditional investment concept is being challenged. So this needs us situation, constantly improve negative listing management mode according to the situation in China.Reasonable formulation of the negative list on the investment access which required the system to evaluate and judge the domestic industry development present situation, it is not only about the law, but also involves a lot of economic problems. Only standing on the height of legal research in China is not suitable for a comprehensive list of negative investment access stage, it must be combined with the economic development level and continuously adjust practice. However it is more advantageous to the comprehensive understanding of the problem from the perspective of legal research negative list. More effective judgment the change will bring by negative listing to help formulate corresponding policies and systems to implement negative list. So it can reduce the risk of possible and maximize play the positive role of negative list.