The Legal Interpretation Of FTZ "Negative List"

Since China(Shanghai)Pilot Free Trade Zone was established on September 29,2013,the "Negative List"mode-one aspect of its reform has been the heated topic of civil appellate theory and practice debate.Some scholars hold optimistic attitude,they believed that legal is needed first in reform system,on the other hand,some scholars argued that "Negative List" would face great challenges,because it was proposed under the background of the negotiations on bilateral agreements between The United States and China,while the logic was different from our current judicial practice.As we know,the Shanghai FTZ was established to test the water for a much bigger reform across the country,its ultimate aim is to sum up experience for the other areas in the country.The reforms require not only a short-term positive effect,but also to bring more consideration about the long-term meaning.We should try our best to ensure that the general direction is correct,the minutiae can be improved by pruning corrected.So it is necessary to define the "Negative List" correctly to guide our practice.The academic circle's view of the legal principle behind the "Negative List"is "All is permissible unless the law prohibited".The point is a symbol about the reform of our law principles while also brings some excessive or even wrong interpretations.This paper prefer to hold the statement that "All is freedom unless the law prohibited",which may provide a better way to understand the "Negative List".And the article try to prove the necessity of the"Negative List" combining with the domestic and foreign environment of China's economic development model and the requirements of the market mechanism.Then the paper comes to a conclusion that the"Negative List"is a right way and definitely will play a positive role to promote the national reform.The content of this paper are as follows:The first part briefly introduces the content and situation of the "Negative List".As one of the characteristics of the pilot,the "Negative List" is different from traditional market models,it allows the economic development decided by market and definitely will face some challenges,especially the idea of "All is freedom unless the law prohibited".The second part tries to analyze the necessity of the "Negative List"from the historical context,describing its historical origin,finding the reason from the history of China reform.The third part mainly explains "Negative List"from the principle of "All is freedom unless the law prohibited",to prove the correctness of the "Negative List ".Then this part illustrates the new requirements of "Negative List"of government management from the angle of the relationship between government and market:no beyond of power,action when necessary.The fourth part is for the requirement of China reform,and gives some advice for the perfection of"Negative List" management model,in order to provide some ideas for the development of the Free Trade Zone.