A Comparative Analysis Of Negative List And Its Enlightenment To China

Since the China's State Council approved the "China(Shanghai)free trade experimental area of the overall program" on September 18,2013,which is trying to explore the establishment of a negative list management model,governments,investor and scholars has paid much attention to the "negative list".Shanghai Free Trade Zone has promulgated three versions of the "China(Shanghai)Free Trade Experimental Zone Foreign Investment Admission Special Administrative Measures(Negative List)" and the China's Ministry of Commerce has also formally promulgated and implemented the "Interim Measures for the Establishment and Change of Record Management by Foreign Investment Enterprises"("Interim Measures")in October 2016.Since then,"filing system&negative list" for the foreign investment in China has been established officially.Although the Shanghai Free Trade Area and the China's Ministry of Commerce eagerly promulgated the "negative list" aimed at attracting more foreign investment,until now,the effect of the "negative list" on trade transparency and attracting foreign investment is limited.As there is no "negative list" in China before the trial of Shanghai Free Trade Area and "negative list" in other countries and regions has lots of similarities,the experience of managing "negative list" in world could be significant reference for China.In this paper,"negative list" management models in different countries,such as the United States BIT model,the Philippines,Indonesia,are discussed as reference and we mainly study China's own "negative list".There are six parts in this paper,shown as follows:The first part is the introduction.This part firstly introduces the background and significance,the relative concepts and connotations,the domestic and foreign research on it.Then,the research ideas,methods and innovations of this paper is introduced.The second part introduces the background of the development of the "negative list" management model in other countries such as the United States,the Philippines,Indonesia,and explores the background reasons and Transformation experience through comparing the development in negative list in.The third part demonstrate the contents about negative list in different countries,by studying the relevant filed in United States,the Philippines,Indonesia.We introduced the definition of foreign capital which has influence on foreign investment,discussed the regulation of restriction on various filed in different countries.At last we demonstrate the foreign investment access threshold,prohibit access scope,and procedural issues in these different countries by table.The fourth part compares the effect of the implementation of the "negative list"management model in each country,mainly to explore the advantages of the negative list to these countries,including the improvement of the investment environment and attracting foreign investment.After that we discussed deficiency of the negative list implementation in each country,the establishment of each negative list is very complex and cumbersome,behind this is a variety of rights and interests of the contest and compromise.Therefore,each negative list will not be perfect,some lack of transparency,some has too cumbersome procedures,and some has too complex access standards.By discussing the shortcomings of these countries'negative list,we can obtain many useful experiences to establish high quality negative lists in our country.The fifth part mainly studies the implementation of the negative list in China,first introduced the background of the development of negative lists in China,and then summarized the development of China's negative list since the implementation of the Shanghai Free Trade Area in 2013,compared the changes in the negative lists before and after 2013,including scope,limitations,and procedural issues,and noted the inadequacies of our negative inventory.In the sixth part,we summarized the advantages and disadvantages of other countries' negative lists discussed in the previous discussion,and combined the actual situation of our negative list,put forward some suggestions for the next step to revise the negative list.