Study On The Application Of Legal Issues To The Negative List Of Foreign Investment Access

As a way of international investment market access management,negative list find favor with the majority of the world's regional free trade agreements and bilateral multilateral investment agreement negotiations,it has become a new trend in international trade negotiations and investment rules.The negative list refers specifically to the fact that in the process of international trade,a country tells foreign investors which are not allowed to invest by enumerating the list clearly,and the other areas are open to foreign investors.Actually negative list is the exception of the principle,followed by the logical explanation "all the investments will be allowed by the law unless they are prohibited." It embodies the legal conception "absence of legal prohibition means freedom".The negative list management model symbolizes the improvement of investment liberalization.In recent years,under initiative of the United States and other developed countries,a new round of regional,global double multilateral international trade and investment negotiations carry on continuously,China's traditional foreign investment system and rules cannot apply for the high standards of international investment rules,negative list of foreign access model is one of the manifestations of high standard investment rules.In order to adapt to the new international situation,China established the Shanghai Pilot Free Trade Zone in 2013(hereinafter referred to as the Shanghai Free Trade Area),and on September 29 the same year announced the first edition of the negative list,and on September 29 of the same year released the first edition of the negative list.The application of a negative list is an important change in China's foreign investment access management model.This paper is precisely based on such background,so it has important theoretical and practical significance.The paper is divided into five parts.The first part is the introduction.It includes the research background and significance,the content and methods of the research,the main work,innovation and the related domestic and foreign literature.The second partis an overview.It Explains the concept of negative list,the distinction between negative list and related concepts,including pre-establishment national treatment and negative list,positive list and negative list,the catalog of industries for guiding foreign investment and negative list,clarifies relevant concepts,lay a good foundation for better understanding of negative list.The negative list management model draws a line for the government and the market and reflects the value and the efficiency of the law which embodies the legal conception "absence of legal prohibition means freedom".The third part is the application of negative list for the Shanghai Free Trade Area.This paper analyzes the background and the status of applying for the negative list of the Shanghai Free Trade Area,and gives the explanation of the text which has published three editions of the negative list by Shanghai Free Trade Area.It points out that the the negative list of Shanghai Free Trade Area exists some problems,including imperfect legislation system,the form cannot integrate with the international standards,the content of the service industry cannot open enough,transparency is not high,supporting of the system is imperfect and so on.The fourth part is the international reference of the negative list.select a representative of negative list from the developed countries and developing countries to analyze and summarize their experience for China to make a perfect negative list.The fifth part is the idea and suggestion for the full implementation of the negative list.From what have mentioned above,the author puts forward some suggestions on the deficiencies,including the revision of the Foreign Investment Law,the improvement of the transparency of the negative list,the docking of the international standards,the reduction of the negative list contents,and the improvement of the system about foreign investment security examination in China.