Research On The Shanghai Fta Negative List Reform Pattern Of Government

Since the Third Plenary Session of the eighteen party,China has entered the process of deepening reform.As the social management,the government reform has become the highlight 。After four years,with the deepening of reform,has entered the bottleneck,reach deeper interest,Institutional dividend is declining,economic restructuring,technological innovation,the development of the service industry,product upgrading must rely on the system and the rule of innovation,economic and social development needs a new institutional force push.On September 29,2013,China has established China(Shanghai)free trade experimentation area,the establishment of the Shanghai Free Trade Zone,in line with the requirements of the decision-making system to find the turning point of innovation.In the free trade zone,The implementation of negative list management model was used.Through the trial of the negative list to promote the transformation of government functions,further reform and create a powerful driving effect,the formation of experience in operating rules,public service,management mode,for the deepening of reform and opening up the expansion of the test site and the new model can be replicated.On April 20,2015,the goverment has decided to further expand the scope of the negative list in Guangdong,Tianjin,Fujian.In this article,maily research on the status of the negative list,has important theoretical and practical significance.The focus of this article is the legal analysis of the negative list management model.The negative list of legal principles can be divided into four aspects,from three angles.First of all,for the enterprise,it reflects the spirit of “private law autonomy”,that is,the negative list of areas outside of the market to do,to reduce public power intervention in the private sector.For the government,the embodiment of the principle of “legal reservation”,the list of industries listed in the government to engage in administrative examination and approval,which is actually the government’s positive list".Secondly,the negative list reflects the transformation from "power standard" to "right standard".The government is changed from the manager to the service provider,and the right of the enterprise is placed on the "power" of the government.This is complementary to the construction of service-oriented government.Again,the negative list reflects the spirit of law without prohibition”.It is a test of the ability of government to properly regulate the field of " law without prohibition " and "law without authorization".