Study On The Negative List Management Mode Of China Pilot Free Trade Zone

Compared with the traditional positive lists management mode, negative list is gradually becoming more and more popular because of its huge superiority. NAFTA, signed in 1992, and came into force in 1994, is internationally recognized as the earliest models which adopted the negative list management mode. After that, more and more countries have adopted this kind of management mode in BIT or FTA, which include developed countries and developing countries. Trans-pacific Partnership Agreement(hereinafter referred to as TPP), which recently concluded the negotiations, also adopted negative list management mode to make exception that can’t enjoy national treatment in the field of trade service and investment access. In addition, negative list management mode also reflected in one country’s foreign investment access system, such as Philippine and India as well as other developing countries, which adopted negative list to make exception in the field of foreign investment.Under this international background, the four China pilot free trade zones trying to establish negative list is of great significance, which can help change Chinese traditional foreign investment management system, conclude experience that can be copied and generalized, and promote Chinese economy to develop further. Meanwhile, it also can provide reference for the BIT negotiation between China and America and for the issue whether China should take part in TPP. However, there are some problems during the practical process of negative list in pilot free trade zone. It’s necessary to study the negative list in international practice, along with Chinese actual situation, and present some suggestions to consummate the negative list in Chinese pilot free trade zone. The text of thesis is composed of four chapters except the preface and conclusion:Chapter I, this chapter will introduce the concept, source, development, characteristics, advantages and disadvantages and the background and significance of negative list in China pilot free trade zone.Chapter II, this chapter will elaborate the practice and effect of three negative list versions in China pilot free trade zone, conclude the experience which can be copied and generalized, and analyze the problems of Chinese negative list management mode.Chapter III, this chapter will elaborate the practice of negative list in the developing countries, the bilateral practice and regional practice of negative list, and provide some enlightenments for China pilot free trade zone.Chapter IV, along with the problems and international practice of negative list management mode above, this chapter will present some suggestions to consummate Chinese negative list management mode, from the perspective of improving the negative list, providing the perfect legal system and reforming the domestic administrative system.