Research On The Negative List System Of Foreign Investment Admission In My Country’s Pilot Free Trade Zone

As a management model for regulating foreign investment access,the negative list has been applied late in the field of foreign investment access in my country,and the practical experience in the application process is not very mature,and many legal problems cannot be avoided.In the current reform of my country’s foreign investment access,how to improve the legal issues facing the implementation of the negative list system is an important task for the construction and development of my country’s pilot free trade zones.In addition to the introduction and conclusion,this article is divided into four parts.The first part is an overview of the negative list system for foreign investment access.First of all,the negative list refers to the areas that are restricted and prohibited from entering are listed in the form of laws and regulations.The areas not listed in the negative list can allow foreign investors to enter.The negative list for market access means that domestic and foreign-funded enterprises,in accordance with the contents listed in the negative list,enter the fields outside of the negative list to engage in investment activities in a fair market environment in my country.The negative list of foreign investment access falls within the scope of foreign investment management and is mainly applicable to foreign investors.The legal basis of the negative list is "free without prohibition by law",which embodies the principle of autonomy of private law.Secondly,the management model of the negative list for foreign investment access is two-sided,which not only guides the investment activities of foreign investors,but also guides and supervises the behavior of the government.Applying the negative list to manage foreign business access in the pilot free trade zone can form a reform pilot experience that can be replicated and promoted.Finally,by comparing the current version of the negative list of foreign investment access that my country has issued and revised,it can be seen that my country’s negative list has fewer and fewer restrictions on foreign investment,and the list is becoming more and more transparent.The second part,taking Shanghai,Hainan and Guangxi free trade pilot zones as examples,analyzes the current status of the implementation of the negative list system for foreign investment access in China’s free trade pilot zones.First of all,the Shanghai and Hainan Pilot Free Trade Zones gave full play to their respective positioning advantages,mainly innovating in the transformation of government functions,the supervision system during and after the event,and the foreign investment security review system,and achieved certain results.Secondly,the Guangxi Pilot Free Trade Zone combines its own characteristics and advantages and learns from the reform and pilot experience of the Shanghai and Hainan Pilot Free Trade Zones,and has also achieved results in the innovation system for foreign investment access.Finally,the Shanghai,Hainan,and Guangxi Free Trade Pilot Zones have formed a batch of reform pilot experiences that can be replicated and promoted nationwide based on the reform results achieved by the foreign investment access innovation system.The provinces and cities where other free trade pilot zones are located also combine their own positioning within the scope of their powers,and promote some pilot experiences in their own provinces and cities,and promote the formation of a good situation of comprehensive and deepening reforms throughout the country.The third part is about the legal issues faced by the implementation of the negative list system for foreign investment in my country’s pilot free trade zone.The negative list still has the following legal problems in the practice of foreign investment access in my country’s pilot free trade zones: First,the legal basis for the negative list system for foreign investment access is insufficient.At present,my country lacks the legal basis to support the formulation of the negative list for foreign investment access and the lack of guiding rules for the formulation of the negative list.Secondly,the regulations on the negative list of foreign investment access are not clear and the operability is not strong.In the formulation of the negative list for foreign investment access,the problems of unclear description of special management measures and lack of legal basis for special management measures appeared,resulting in ambiguity in the application of the negative list.Finally,the supporting system applicable to the negative list of foreign investment access is not sound.The power of government management is relatively scattered and the administrative law enforcement system is not unified;the laws and regulations for supervision during and after the event and the social credit system of foreign-invested enterprises are not perfect;in the foreign investment security review work,there is a lack of technology related to foreign investment legislation and the powers and responsibilities of the national security review subject unclear.The fourth part is the improvement of the negative list system for foreign investment access in my country’s pilot free trade zones.In view of the legal problems existing in the current negative list system for foreign investment access,it is necessary to improve the negative list system for foreign investment access from the following aspects: First,legislatively clarify the negative list access system and improve the guidelines for the formulation of the negative list,and clarify special management measures.The description and legal basis of the foreign investment,improve the accuracy and operability of the negative list of foreign investment access.Second,complete the supporting system applicable to the negative list.Improve the government management system by adjusting the provincial management authority and clarifying the boundaries of government functions;improving the laws and regulations related to supervision during and after the event,and improving foreign investment that is compatible with the negative list system with the social credit supervision of foreign-invested enterprises as the core Supervision system during and after the event;improve the foreign-funded national security review system,and clarify the legal basis for security review,the scope of security review,and institutional settings.