Study On Legal System Of Negative List Of Market Access

The negative list system for market access is not only the core of foreign investment policy and legal research in a country,but also one of the important measures to attract foreign investment.The negative list system for market access symbolizes the improvement of China’s opening to the outside world and promotes domestic economic development.Therefore,China’s economic development mode also needs to be updated and adjusted.Foreign investment in China is closely related to international investment,and China should pay more attention to the operation and development of the negative list system for market access in China.Over the past 40 years of reform and opening up,according to China’s national conditions and the needs of various stages of development,the negative list system for market access has been continuously explored,and the level of opening up has also been continuously improved.Since 2013,six versions of China’s negative list have been adopted,and significant achievements have been made in both the number and form of the negative list.However,China introduced the negative list system for market access relatively late and lacks relevant experience,so it still needs to draw on a lot of advanced experience from foreign countries.China substantively negotiated the negative list model during the fifth round of the China-US strategic and economic dialogue in July 2013.The establishment of Shanghai Free Trade Zone in 2013,the first issue of the 2013 edition of the negative list,for China’s market access for the future development of the negative list system laid a solid foundation.The 2015 edition of the negative list was extended from the Shanghai FTZ to the Tianjin,Guangdong and Fujian FTZ.The 2017 negative list expanded the zone from seven to 11.On March 15,2019,the Second Session of the Thirteenth National People’s Congress voted to adopt the law of the People’s Republic of China on foreign investment,which will take effect from January 1,2020.China’s foreign investment admission system has entered the stage of deepening reform and gradually improving.The introduction of the 2020 edition of the negative list of market access is of positive significance for foreign investors to obtain equal development opportunities in China in the future,and to better establish a favorable investment environment.It also speeds up the pace of China’s opening up to the outside world,conducive to the formation of a fair competitive market environment.In this paper,on the basis of the theory of market access system of negative list as a starting point,clarifying the connotation of market access system of negative list,characteristics,value theory,on the basis of the context of the development of the comb,and proposed the present stage our country the problem of negative listing market access system,then concrete combined with outside experience combined with the actual situation in our country put forward the corresponding perfect path.It is divided into four parts:The first part is the theoretical basis of the negative list system for market access.First of all,the connotation and characteristics of the negative list system for market access are described in detail.Although countries use different expressions to define the negative list system,they all have similar views on the negative list system in essence.Secondly,when considering the negative list system for market access,it must be based on a certain theoretical basis.Only by mastering relevant theories can we further study the system.Finally,we have a deeper understanding of the negative list system for market access,and find its value in promoting the transformation of government functions,improving the domestic investment environment and reducing the risks of foreign investment.This part mainly lays the foundation for the analysis and research of the negative list system for market access in the following paper.The second part is the development status and existing problems of the negative list system for market access in China.The negative list system for market access has not been developed for a long time in China,and there are still some problems in its application in practice.Therefore,it is very necessary to find out the problems existing in the negative list system for market access in China.At the present stage,China’s market access negative list system still has a series of problems,such as low transparency,imperfect supervision mechanism during and after the event,and imperfect dispute settlement mechanism.It is easy to cause the unbalanced development of regions and industries,and it will certainly affect the national economic development in the long run.This part of the content of the following articles about the negative list system outside the study and improvement of the key role.The third part is the external investigation and reference of the negative list system for market access.Take the United States,Japan and the European Union as examples.The negative list system for market access in developed countries has been developed for a long time and is relatively more mature.Studying and drawing lessons from foreign advanced experience will play a positive role in formulating relevant legal system and supporting measures in the future.The fourth part is the perfect path of the negative list system for market access.First of all,to improve the transparency of the negative list system,we can expand public participation and clarify the management measures and restrictive conditions of the negative list.Secondly,it is necessary to further improve the regulatory mechanism of the negative list system for market access,which can be carried out from three aspects: the diversification of regulatory subjects,the improvement of the regulatory mechanism during and after the event,and the improvement of the regulatory mode by relying on the data platform.Finally,it is necessary to construct a diversified dispute settlement mechanism for the negative list system of market access,make full use of consultation and mediation procedures,improve administrative reconsideration and administrative litigation,and set up special courts to solve related disputes,so as to make the negative list system of market access more conducive to the development of China’s economy and society.