The Legal Analysis Of Negative List Mode On Foreign Investment Access To The China

In recent years,the wave of international investment liberalization has swept the world,and China is deepening reform and opening up,promoting the critical period of economic development,for our country to a greater degree of increase market openness and freedom,closely follow the development trend of economic development and implementation of participation in the global trade and investment rules to go,since 2008,the introduction of dozens of national strategy to change the development mode.One of the main initiatives is to have set up Shanghai,Guangdong,Tianjin,Fujian four FTA,FTA build global high standards from the national strategic level,the establishment of the four trade area,will create a new round of comprehensive China deepening reform in the highlands,Forced domestic new round of reform and opening up.Also China have launched negotiations on the Sino-US BIT,BIT-EU negotiations,in all these national strategies among all involved the principle of national treatment before the admission of foreign investment negative list + mode of this new concept.In the FTA first try first of this new access system for foreign investment,and explore the replicable model of modern governance system is a completely new exploration is a revolution.And the United States as the representative of the developed countries are pushing to accelerate the establishment of a "Transatlantic Trade and Investment Partnership Agreement"(TTIP)and "Trans-Pacific Strategic Economic Partnership Agreement"(TPP)as the representative of the new international rules for investment,it is the principle of national treatment before admission + negative list of this model to a whole new level.The so-called principle of national treatment before admission + negative list mode,that is to extend national treatment to investments and establish occurrence of the previous stage,the core is to give foreign access rights,refers to the business establishment,acquisition,expansion of phases to foreign investors its investment is not less favorably than domestic investors and their investments,the negative list to the list set out in the way for foreign investment and national treatment,MFN inconsistent management measures,or performance requirements,requirements for executives and other aspects of management measures.Chinese Ministry of Commerce announced the "Foreign Investment Law(Draft draft)" in January 2015,no longer clearly defined organizational form of foreign-invested enterprises and business activities as the main target specifications,and will be implemented prior to admission national treatment plus negative inventory management model.April 20,2015,the State Council announced the four FTA will apply a negative list,the same year in September,the Central Leading Group comprehensively deepen reforms "on market access negative list system of opinions" made in accordance with a pilot,and gradually push open principles,from 2015 to 2017,in some areas of market access trial negative list system,accumulated experience,and gradually improve,explore the formation of a unified national market access,negative list and the appropriate institutional mechanisms,formally implemented from 2018 onwards unified national market access negative list system.Since then,the country began to be negative list all hot especially the academia hot.However,despite the negative list has been developed for many years in the international arena,but also in recent years was introduced to China,which is not familiar with the people at home,at the national level but also on the road to explore.