Study On The Rule Of Law Dimension Of The Negative List Management Mode Of Foreign Investment In China

China's implementation of the negative inventory management mode in the four major free trade zones not only shows the transformation of China's foreign investment management concept, but also reflects the characteristics of economic system reform and international new rules. In April 2015, the General Office of the State Council issued the"Free Trade Zone Foreign Investment Admission Special Management Measures(Negative List)", which set out 122 specific special management measures for different areas in different industries.This article from the dimension of the rule of law, chooses Shanghai free trade area negative list management mode as the empirical analysis, on the basis of the concept and characteristics of negative list, it is compared with the present positive list in full understanding, At the same time, it analyzes the necessity and feasibility of the comprehensive implementation of the negative inventory management mode in China,and discusses a series of rule of law innovation in the field of foreign investment.Negative list for our current management mode still exists some short comings, this paper puts forward some feasible suggestions for the further improvement and perfection combined with the international practice experience and the concrete situation of our country.Through the combing of the relevant legal texts, we find that the implementation of the current negative list management mode lacks the support of specialized and unified laws and regulations, which can lead to confusion in the practice process. At the legal level, the free trade areas are still applicable to foreign investment laws and regulations,these provisions can not meet the specific requirements of the negative list. Although the relevant departments of the country issued a special negative list, but its content is relatively simple, and from 2013 to 2015 every year is in change, while keeping pace with the times while ignoring the stability, which brings new problems for the specific implementation. Therefore, our country should sum up experience on the basis of practice, early complete legislation of the relevant laws and regulations to improve the work of the negative list for the implementation of the management mode and provide a specific legal basis.At the same time, China's free trade area in the implementation of the new mode is lack of transparency, which is not conducive to enhancing the operability of negative lists, and also not helpful to the long-term interests with introduction of foreign capital.Transparency contains negative list for transparency and information development process transparency. In order to change the status quo of opacity, we must also proceed from the two aspects. For the development of the process of transparency, do make full research and inform the public and collect their opinions, and make invitation free trade enterprises and industry associations to participate in discussions and formulation of relevant indicators after assessment, the government for the public especially the questioning of the interested party must respond in a timely manner. For the transparency of information, it is necessary to clear the negative list of special management measures such as restrictions on the content of the standard, and also to provide unobstructed channels to ensure that the relevant subject to understand the information.Negative list management mode lack of perfect supervision mechanism and dispute settlement mechanism is another problem we face. The previous positive list emphasizes pre-regulation of foreign investment activities, and the change in negative lists has greatly increased the demand for regulators. Under the background of new management mode, we should not only pay attention to pre-regulation, knowing whether foreign investment has touched on the banned or restricted industry areas, but also strengthen the regulation on investment activities and afterwards, so as to better to protect our country's national security and national interests. In addition, foreign investors from different countries or regions, engaged in different industries of investment activities, the concentration in free trade areas will inevitably conflict and contradictions. Therefore, in the time of strengthening the market supervision, we must establish a dispute settlement mechanism in order to properly handle the various disputes to maintain the market order of the free trade area.