Research On The Legal System Of Negative List In China Free Trade Zone

At present,economic globalization and regional economic integration has become the main trend of world economic development and the trend.The free trade area due to involve more than one in the field of economic integration and become an important organizational form of regional economic cooperation.Party congress report for the first time put forward "to carry out the strategy of free trade zone,to strengthen bilateral and multilateral economic and trade cooperation",this indicates that China's foreign economic cooperation to focus on the construction of free trade zone.So the study of free trade zone system is more and more highlights its importance and necessity.How to use legal research from the Angle of law,and the method of comparative analysis,system to establish the theoretical basis of the free trade area has become very important.Construction of free trade area,is the new measures of open strategy,the process of political and economic system reform in our country opened a new chapter,is inevitable for the release of new institutional bonus.This is inseparable from the negative list this important concept.Negative list is the a new concept in the field of modern international economic law,as the guidance of foreign investment,is directly related to the success or failure of the cafta construction,it is a key link need to attach great importance to the Chinese government.This article through to full text expounds four parts:The first part,the first clear national treatment in access stage shall have two different kinds of management pattern,the introduction of the concept of "positive list" management mode and its advantages and defects,and then focus on the concept of "negative list" management mode and its origin,analysis of the model of liberalism legal concept,clarify the superiority of the model,and analyzes its shortcomings.The second part,the analysis of two Chinese has trade list,research the shortcomings and advantages.The third part,study abroad "negative list" sample management mode of bilateral investment treaties in the United States,Canada,bilateral investment protection agreement and Japan and South Korea and the bilateral investment treaty practice area in the north American free trade agreement,and practice,to provide"negative list" management mode of empirical comparison method,based on the summary of foreign international implementation of the "negative list" the characteristics of the management mode.The fourth part,mainly introduces the China(Shanghai)free trade area,the foreign investment access special management measures(negative list)(in)the characteristics and shortcomings.and the macro and micro aspects put forward some measures for perfecting the policy guidance.