The Study Of Legal Issues Of Negative List In Foreign Investment Period

Since the reform and opening up, China continues to attract foreign investors’ money, technology and management experience. Meanwhile, in the rising standards of China’s own economic situation, foreign investment is also actively involved in international trade. In theory and practice of international investment, the negative list mode gradually become an international standard on foreign investment access. Negative list refers to international investment agreements, the parties at the time of an obligation in the form of a list of specific measures will be consistent with these obligations are not included in the list, or in the form of a list of lists certain sectors, industries, to preserve inconsistent with the right to take measures in the future. After our Shanghai FTA is established, the Shanghai municipal government issued "China (Shanghai) Negative List (2013)", marking the introduction of a negative admittance phase in foreign investment inventory management, and this is a new attempt in the field, the current foreign investment management system is bound to have a significant change.In view of China has introduced foreign investment negative list management model, so explore the negative list of relevant legal issues are of great significance in theory and in practice. Negative list contains a "no ban, freedom" and "legal space" silence the two big legal basis, its existence has promote related investment legislation, comply with the rules of international investment and other important legal significance. Negative list system in China started late, but the momentum is enough:the first negative listing in Shanghai free trade zone in 2013; 2014 modified negative list for 13 years, perfect; Negative listing system attempts to establish in 2015, the negative list of applicable to Shanghai free trade zone and plan are generalized to four free trade zone in 2018 pushed to the country, the negative list the applicable scope of access to market access by foreign capital. In view of our experience is relatively small, therefore should be on the basis of fully learn from foreign experience combined with the specific situation in our country to perfect the system of active. The United States, Japan, the Philippines and Indonesia are practice negative listing of typical countries, we should learn them. In addition, we should promptly combing relevant laws and regulations, perfecting the supporting system, comply with the international standard listing industry classification to perfect the system of negative listing in our country.