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Study On Coordination Of Domestic Law On China’s Foreign Investment Negative List System

Posted on:2017-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:L F WuFull Text:PDF
GTID:2296330488986316Subject:Science of Law
Abstract/Summary:PDF Full Text Request
China’s current foreign investment access system needs urgent reform. From 2008, influenced by the Sub prime crisis, Western countries meet continuous slowing down in economic growth,due to the China’s steady development, it becomes the "booster" for the development of the world economy. Led by the United States, some countries tired to curb China by built the new international investment and trade rules with high standards, the main features of these international investment and trade rules like the Transatlantic Trade and Investment Partnership Agreements (TTIP)and the Trans-pacific Partnership (TPP) are pre-establishment national treatment and the negative list system. As domestic economic downward pressure increased gradually, the growth rate of GDP reached a new low level than before, and the problems of opening to the outside world emerged endlessly, all these bad news show that China should improve the legal system of foreign investment access desperately.As a kind of advanced and scientific system, the negative list has been adopted by more and more countries and regions, so does China. At present, our country has set Shanghai, Tianjin, Guangdong, Fujian as free trade zone to(FTZ) try out negative list system. Based on the plan of the the view on implementation of market access in the negative list system,announced by the State Council in October 19th,2015,China will adopt a unified negative list system, marking China’s the opening-up enters a new stage.The implementation process of negative list system in China is facing a lot of difficulties, Due to the hysteretic nature of law, China’s current foreign investment legal system lacks the relevant provisions of the negative list system, resulting in a variety of legal obstacles encountered in the implementation process of the negative list system, which restricts the development of a negative list in our country; On the other hand, as other parts of China’s admission system of foreign investment is still positive list system, two systems based on different capital management theory and methods implemented in a country will absolutely produce conflict, even hinder the unification of legal system. So we can not ignore the question about how to build a unified national negative list system. The paper chooses to study the coordination of domestic law of the negative list system,through study on China’s implementation of the domestic law of negative list system barriers, and analysis on the coordination of the necessity and principles of the negative list system of our country, then propose coordinated path of the negative list system of our country, and explores how to construct unified negative list system in FTZ and non FTZ, at last, forwards my own views and recommendations about how to improve the promotion of negative list system from multiple perspectives.Due to the negative list system’s fair, free and open spirits, it greatly promote the degree of a country’s opening up. In order to implement the negative list system better, improve the scale and quality of investments, China should comprehensively clean-up and improve the laws and regulations on foreign negative list, clear the related modifying mechanism and dispute settlement mechanism, accelerate the formulation of a unified foreign investment law, implement the pre-establishment national treatment and negative list of foreign investment access system. To protect the national sovereignty and the economic security, China should improve the transparency and maneuverability of negative list system, speed up the transformation of government functions, push the negative list system to the country as soon as possible.
Keywords/Search Tags:foreign investment, negative list, Free trade area, Conflict and coordination
PDF Full Text Request
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