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Research On The Legal Issues Of The Negative List Of Foreign Investment Access In China

Posted on:2019-09-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y F YangFull Text:PDF
GTID:2416330542494384Subject:International Law
Abstract/Summary:PDF Full Text Request
With the deepening of economic globalization,countries in the world have much closer connections,which is not only an opportunity but also a challenge for our country.It is particularly important to attract foreign investment to seize the development opportunities it brings.In order to increase international trade liberalization and strengthen economic and trade cooperation,as well as the promotion of the developed countries such as the United States,the use of negative lists has become a new investment rule in the field of international investment.Due to historical and practical reasons,China has adopted positive list as an access of foreign investment in a long term.However,with the progress and development of the society,the drawbacks of the positive list are increasingly exposed,and it is no longer possible to adapt to the ever-changing international economic situation.Therefore,the importance of further research on the negative list is self-evident.Through inquiring into the relevant legal issues of negative lists,combining domestic and international situations and their practical experiences,this paper collects the development direction of the negative list in our country,thus exploring a more suitable management mode of foreign investment admittance which is more suitable for the national conditions of our country,and opens up a practical way for the further development of the management mode of foreign investment access.This thesis mainly studies the relevant legal issues of China's foreign investment access negative list.The full text mainly includes the following four parts: The first part mainly defines the negative list from the two angles of connotation and extension of the negative list.The connotation is divided into five aspects: the concept and analysis of negative list,the form of expression,the basic content,the basic characteristics and the legal basis.In the extension,it discusses the foreign investment access and negative list,the pre-establishment national treatment and negative list,and the positive list,the relationship with negative lists.The second part introduces the practice of negative lists in the international community and analyzes and summarizes their practical experiences.Among them,the International Investment Agreement takes the General Agreement on Trade in Services and the North American Free Trade Agreement as the entry point,and later selects the United States,the Philippines,and Indonesia as typical representatives of the country and summarizes its practical experience.The third part combs the practice of the four version of the negative list in China's free trade test area,and analyzes the problems existing in China's negative list.The fourth part of the main content is to improve the thinking of our negative list.First of all,it analyzes the necessity of improving China's negative list,and then proposes to optimize negative lists in China,such as optimizing negative lists,improving the transparency of negative lists,improving the negative list industry classification standards,improving the negative list dispute resolution mechanism,and enhancing the supervision of negative lists.Suggestions.
Keywords/Search Tags:Negative List, Foreign Investment Management Model, International Experience
PDF Full Text Request
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