Comparative Research On The Legal System Of The Negative List Of Foreign Investment Access

The legal system of the negative list of foreign investment access is through the negative list lists the areas where foreign investment is prohibited or restricted from entering,which is based on the pre-access national treatment.The non-conformance measures involved in the negative list mainly include the prohibition of non-compliance measures and the restriction of non-conformity measures.The legal system of the negative list of foreign investment access shows the humanistic thought of equality and freedom for all and the spirit of private law autonomy,that has important value of economic and rule by law.Now,the practice of The legal system of the negative list of foreign investment access is more.Such as developed countries like the United States,as well as developing countries like India.There are both bilateral investment treaties and regional investment agreements.a negative list for 12 pilot free trade zones and a negative list applicable to the whole country are published in our country in 2018.The Foreign Investment Law which passed on March 15,2019 clearly stipulated the legal system of the negative list of foreign investment access.However,our country's negative list has some shortcomings in terms of scope and industry classification standards,list revision.The domestic laws involved in the list are confusing,and the national security review system and the dispute settlement system that accompany the negative list are not yet perfect.Our country should based on the development of the economy further reduce the scope of the negative list,Clarify the industry classification criteria and revised criteria for the list,enhance transparency,improve the dispute settlement system of the list and the national security system in the implementation of the list.Develop the negative list in our country's BIT model to maximize our interests in the IIA negotiations on the negative list.