Study On The Negative List System Of Foreign Investment In Free Trade Zone Of China

At present,the situation of economic globalization has changed,from the original to international trade as the center,the investment liberalization under the TTP,TTIP,the liberalization of service trade standards more and more high,in contrast to China’s foreign investment access level and international standards are far from the difference.As of September 2016,China and the United States on Bilateral Investment Agreement(BIT)has been 29 rounds of negotiations,the 2013 Sino-US fifth round of strategic dialogue,our country agreed to "access before the national treatment + negative list" as the basis for continuing substantive negotiations with the U.S.And with the third exchange of the negative list in October 2016 to improve the bid,the bilateral investment agreement has achieved significant results,which further increased the demand for foreign investment access system reform.Since China’s reform and opening-up,the reform dividend has been released continuously,and the resource-intensive and labor-intensive industries have attracted a lot of foreign capital injection.But with the development of economy,developed countries began to advocate domestic industrial structure optimization and upgrading,international also began to pay attention to the problem of environmental pollution,China’s original industrial structure and type can not adapt to the development needs of the country,the attraction of foreign capital gradually weakened,and even the situation of foreign capital divestment,domestic to expand Open,The demand to attract foreign investment is further increased.Therefore,under such international and domestic pressure,it is very important to establish the foreign investment admittance system which accords with the economic development of our country,and the negative list system of foreign investment in China’s FTA becomes the best attempt to explore more free business environment and higher standard foreign investment admittance system.This paper will focus on the problems related to the negative list system in China’s FTA,including the following four parts:The first part of this thesis is mainly about the introduction of the negative list system of foreign investment in the FTA.It includes the concept of the FTA and the negative list,and analyses the relationship between the negative list system of the FTA and the related concepts,including the relationship between the negative list and the pre-entry national treatment,the FTA negative list and the national negative list,and the negative and positive lists.In addition,the paper introduces the legal basis of the negative list,mainly including "the Law of autonomy of private law is free" and "legal silence space",finally,the article analyzes the significance of the implementation of the negative list system in the free trade area.The second part of this article analyzes the changes in the negative list text from the 2013 to 2017 edition of the FTA,and the respective trade area in each version of the negative list of the modified practice,and through analysis and summed up the free trade area of some of the problems: transparency needs to be improved,the financial sector is less open,The lack of domestic industry legislation and the supervision after the incident should be perfected.The third part of the article on the International negative list system has a simple experience,the negative list system in developed countries including the United States and Japan;Although the same as developed countries but for the adoption of negative inventory approach is not exactly the same,the United States for foreign investment in a more relaxed attitude,and Japan’s attitude towards foreign investment is relatively cautious,negative list system in its domestic start late.Indonesia’s negative list system is the most worthy of our reference is that it developed a series of laws related to the negative list system,had cleared the way for the implementation of the negative list system,and the Philippines had been in conflict with the content of the negative list and its domestic constitution and other basic laws,and the effect had been far from expected.The last part of the article,combined with our country’s practice situation and the international negative list system more advanced countries experience to our country’s negative list system put forward some suggestions.In terms of transparency,it is essential to improve the expression of restrictive measures and the system of information sharing.To improve the financial openness of the negative list,this article,through the analysis of China’s financial supervision system and the current financial situation,thinks that we can try to relax the access conditions for the financial industry gradually.We all need to leave the negative list itself to reserve the right to take inconsistent measures against future industries.In improving the legal system of negative list,we can start from domestic industry legislation and foreign investment law.For the ex post facto supervision of the FTA,this paper analyzes the anti-monopoly law enforcement system and the security examination system in the free Trade area,analyzes the mechanism and legal basis of anti-monopoly law enforcement in FTA,and thinks that it can strengthen the autonomy of anti-monopoly law enforcement in the free trade area.To improve the security review,The paper puts forward some concrete suggestions on the improvement of the security Review institution and the mechanism.