Research On Legal Issues Of Negative List Management Mode

As a hot topic in the field of international politics and economy,negative list management model plays an important role in international trade.This paper will focus on the negative list management model in the field of international investment and trade.In the field of international investment and trade,the first practice of the negative list management model was the exception of the special provisions of the German Customs Union in 1834.After experiencing the development from the "exception"-"general negative list"-"restricted industry list"-"the development of the industry limit list",negative list management model has become an important part of international bilateral or multilateral investment agreements.The negative list management model is contrary to the positive list management model,which reflects the principle of "Absence of Legal Prohibition Means Freedom",and is closely linked with the pre-establishment national treatment.After absorbing the advanced experience of other countries and according to our physical truth,our country launched the exploration in the pilot free trade zone.And in 2015,China's State Council announced a negative list which can be used in different pilot free trade zones.This means China's exploration of the negative list management model has gradually entered a new stage.At the same time,the negative list management model in our country has also exposed problems such as the lack of legal basis,the opaque content measures,the lag of relevant standards and the lack of regulatory enforcement.Based on the exploration of these issues,this paper will strive to give some reasonable suggestions and make contribution to the development of negative list management in our country.