| Currently,Hainan is building a pilot free trade port,which means it is more open than the free trade zone.It also provides broader space for financial market access and promotes the development of financial services.Hainan free trade port is the first free trade port established in China.All kinds of legal systems for financial market access are still in the exploration stage,so it is necessary to formulate more open policies to ensure the construction of financial market in the free trade port.The negative list system is a necessary measure for the construction of Hainan free trade port an Therefore,based on the analysis of the negative list system of financial market access in China,the problems existing in the construction of Hainan free trade port are found out and corresponding solutions are proposed to further improve the relevant legal system of financial market access,strengthen the management of the negative list system,and realize the highly open financial market of Hainan free trade ported an institutional requirement for the promotion of financial market access and opening up.This paper is divided into four parts:The first part is the legal definition of the negative list system.Firstly,it analyzes the legal concept of the negative list system and the legal origin of the negative list system,clarifies the difference between the negative list system and the positive list system,and master the laws and regulations related to the negative list system.Secondly,the author analyzes the legal attributes of the negative list,and concludes that the negative list is concise,explicit,inadmissibility and flexible,as well as the legal value of explicit transparency and fairness.The negative list system has the significance of drawing a clear line between the government and the market and making the market play a decisive role in the allocation of resources.The second part is the experience and reference of the negative list system of financial market access in the free trade port outside the region.Singapore free trade port complete negative list legal measures supporting system;Dubai free trade port highly open foreign investment access policy;The opening policies and international standards of Hong Kong free trade port are of reference significance to the financial market access system construction of Hainan free trade port.The third part is the status and problems of the negative list system of financial market access in China.From the 2013 edition to the 2019 edition of the negative list,special management measures for financial market access have been continuously reduced,providing certain conditions for the opening of the financial market.However,Hainan free trade port is a more open environment,and the negative list system still has a lot of problems.The negative list is not matched with international high standards,and the degree of openness is not enough.In addition,it is difficult for financial institutions to obtain financial license when they enter the market,the pre-approval process is complicated,and the entry threshold of domestic and foreign financial enterprises is high.The fourth part is the construction of Hainan free trade port financial market access negative list system.Mainly through the development of an independent financial negative list,the financial negative list is composed of two parts: the existing special management measures and the reservation measures for the future financial industry,and the international standards on the list content restrictions.Secondly,the financial business gradually implements the record keeping system,establishes a centralized and unified financial license examination and approval institution and financial general license system,streamlines and optimizes the pre-examination and approval procedures,and formulates independent private financial laws and regulations to improve the relevant system of negative list for financial market access of Hainan free trade port. |
