Research On The Legal System Of The Negative List Of Foreign Investment Access

As a method of management for foreign capital,the negative list of foreign investment access has been widely used in the world.The negative list of foreign investment access lists the industries and fields which prohbit the foreign investment from entrying a country by negative listings,or make some restrictions on foreign investors.The negative list of foreign investment access reflects autonomy of private law,and provides an important guarantee for it.The negative list of foreign investment access also reflects the value of freedom,order and efficiency.Nowadays the negative list of foreign investment access are involved in agreements on trade or investment of many countries.The negative lists of international organizations,international treaties,developed countries and developing countries are different.In recent years,China has begun adopting the negative list of foreign investment access.China has made some regulations on the negative list gradually.The negative list of China is still in the stage of establishment and improvement,and still has some shortcomings.Restrictions on the industries are unreasonable.Transparency and predictability of the negative list are not enough.Classification standards of the industries are imperfect.The negative list is only involved in the stage of preestablishment,and regulatory provisions are not perfect.The laws on the negative list are imperfect.In order to make full use of the negative list of foreign investment access,China should take some measures.Firstly,restrictions on the industries of the negative list should be reasonable.For example,China should set the scope of the industries according to her characteristics of economic development stage and industries.China should also provide different special management measures for different industries.Secondly,transparency and predictability of the negative list should be enough.Thirdly,China should supplement the classification standards of the industries.For example,China should adopt the classification standards of CPC.Fourthly,China should supplement the special management measures and the regulatory provisions after the foreign investment entrying.For example,China should focus on improving the special management measures after access of financial and cultural industries,and diversify the regulatory bodies.Fifthly,China should improve the legal system related to the negative list.For example,China should promote the reform of the administrative system related to the entry of the foreign investment,and improve the diversified mechanism on the resolution of investment disputes.