Research On Legal Issues Of Negative List In Investment Admittance

In recent years,with the promotion of developed countries such as the US and EU,the implementation of national treatment before admission and the introduction of the negative list management has become a new investment rules in the field of international investment,aimed at improving trade liberalization,strengthen economic and trade cooperation.In the international treaties related to investment,investment access clauses is to coordinate the sovereign rights and obligations of important terms,namely under the WTO system,the host country with open investment obligations,but as a sovereign country,entering on foreign capital regulation is its rights.In the face of more and more countries began to adopt the negative list management model and open up the market to attract foreign investment trend,China is also actively promote the FTA test negative list.At present,the Sino US BIT negotiations have entered the stage of substantive negotiations,the stage has been determined to access before national treatment and negative list mode basis for negotiations,Shanghai,Guangdong,Fujian experience and Tianjin FTA negative list will be helpful for our country to obtain useful results in the negotiations.But take a negative list management mode to the host provides the foundation of the market,good economic foundation and with the support of the perfect legal system to provide protection,the main problem facing our nation today is not the market potential is low,the level of economic development is not enough,but the problem of matching the infrastructure and legal system.Although our country desperately needs to deepen the reform of system,liberalize the market,but blindly expand market openness not only for economic growth of active factors,but will increase the likelihood of confusion in the market.This paper is divided into four chapters,the first chapter mainly discusses the basic theory of the negative list,including the negative list meaning,origin,characteristics,contents,and also compares the negative list and the positive list,at the end of this chapter the basic theory of the objective evaluation of the negative list.The second chapter mainly discusses the necessity of applying negative list in China.The development of negative lists on the international trend,the negative list of the important role of China's economic development,as well as the current BIT negotiations to carry out a specific discussion?The third chapter and the fourth chapter analyzes the development of the negative list management model in China at the present stage,and analyzes the problems exposed in the future.Specifically,the third chapter expounds the present situation of application of the negative list in China,on China's legal system related to the negative list are introduced and analyzed,summarized China's practice of the application of FTA negative list,and according to the overall plan of the new seven FTA;in the fourth chapter,from the whole of the negative the list is particularly analyzed in the four years of Shanghai FTA negative list implementation,In the last part,the author puts forward some suggestions to improve these problems...