Legalization Research On The Negative List Management Mode

Negative list is a foreign investment management innovation mode of the free trade zone government,and is a major breakthrough of positive list management mode for more than thirty years last,is also the important measures to comprehensively deepen reform in our country.Behind the negative list is the "Legal Prohibition Means Freedom" legal theory,is also the clear answer to the law "silent space" of "yes" or "no".Shanghai pilot free trade zone as the negative list management mode test base,still have the problem of boundary unclear of the government and the market,and administrative inefficient phenomenon in practice.The reason of the problem is the administrative power can not get effective control,have a expanding understanding of the category of "law" in"Legal Prohibition Means Freedom",and cause "source" of damage to the negative list,administrative supervision 'boundary is not clear','form of merging','fragmented' and 'multiple coordinate' all due to confusion appeared on the list in the basis,namely,the negative list lack of legalization,not do the administration according to law.Origin in the western theory of competence has internal consistency with the negative list management mode,Its emphasis on "from the basic norm deduction the competence system" Interpretation the key of negative list management mode to legalization,namely competence norm.In terms of the specific path,On the one hand,negative list based on the content of the constitution inference and determine one by one;On the another hand,the contents of the negative list should abandon too many uncertain legal concept and out term.Negative list have a effective combination with the theory of competence is the necessary way to achieve the legalization goal.