International Experience Of Pre-establishment National Treatment And Negative List And Enlightenment On China

Investment admission provision is the core clause of a country’s foreign investment policy terms. It is an important access to balance the relationship of national supervision power and the obligation of opening investment market, is the most directly reflect of a country’s investment environment. In recent years, because of the influence of the United States, Pre-Establishment National Treatment and Negative List has been adopted in the domestic investment legal system by at least 77 countries in the world. With the advantages of high transparency, high opening degree, high degree of freedom, Pre-Establishment National Treatment And Negative List gradually become a new trend in the investment access system. In july,2013, in the fifth round of China-US Strategic and Economic Dialogue, China finally agreed to negotiate in the investment agreement on the basis of Pre-Establishment National Treatment And Negative List, it is the first time China use this mode to conclude investment treaties with other countries. With that, in third round China-EU negotiation of investment treaties which has just completed in 2015, the EU also request to adopt the model of Pre-Establishment National Treatment And Negative List. By doing this, it will change the traditional investment access system of China, and also means the investment approval and management system which has been implemented for thirty years will face the end.The change of investment access system prompted us to stand in the new historical process, and make us explore the Pre-Establishment National Treatment And Negative List model. This paper intends to discuss the Pre-Establishment National Treatment And Negative List model in three parts:The first part is to define the basic concept of national treatment and negative list, introduce the two basic type of national treatment, Pre-Establishment National Treatment and national treatment after access. And the connotation and historical development of negative list. On the basis of their characteristics, this paper will analyze impact of Pre-Establishment National Treatment and negative list, and then introduce the foreign investment access model.The second part is to describe the model of Pre-Establishment National Treatment and negative list. Through clarifying the process of emergence and development of it, and analyzing the experience of other developed countries and developing countries, to search the reason why they shall accept the model and the transition experience.The third part analyses the process of development of China current practice, consist of the law and regulation that can be applied to the whole country, and the law and regulation that only can be applied to the Pilot Free Trade Zone. Then, analyze what part shall be adjusted to make sure the Pre-Establishment National Treatment and negative list can be effectively applied. Finally, I will give some suggestions of how to formulate our country’s investment entry mode.