The Research On The Influence Of Negative List Mode On China's Foreign Investment Access System

Since 2013,The State Department has begun to conduct a pilot on foreign investment management system in Shanghai FTA with "pre-entry national treatment + negative list" mode.On April 12,2016,the CPC Central Committee and the State Council agreed that " the draft of Negative List on market access(Pilot Edition)" has been officially released,Tianjin,Shanghai,Fujian,Guangdong FTA will be the pilot area.For the purpose to make a complete Market access management system,and formal implementation of the "unified market access system." In 2008.The promotion of the negative list system will have a great impact on China's current foreign trade investment policy,legal system and economic system.Specifically,it will affect China's trade facilitation,foreign-funded enterprise management,The United States BIT negotiations,the construction of free trade area,the implement of China's "Foreign Investment Law" and so on.The negative list's basic connotation is non-discrimination,marketization,trade and investment liberalization and it will be the basis to form a unified market access system which determined whether or not someone can enter the market under the negative list,without being distinguished from foreign capital,state capital,collective capital or private capital.International experience in multilateral and regional trade agreements on the Negative list and in some countries which negative list system being designed can be used for reference to China.Such as GATS,NAFTA,MERCOSUR,as well as the United States,Japan and South Korea and some developing countries.Moreover,the negative list system is newly promulgated,may be conflicts with the old law which rule the foreign access system with the Positive list,and may be inharmonious with the supporting legal measures.The negative list system is the necessary policy formulated by China with consideration of the current and complex situation of the world trade environment and the trend of antiglobalization and trade protectionism under the current circumstance.To further reforming the market access system and reducing administrative intervention,the negative list system will to change the functions of the Chinese government and play an important role in foreign investment.