Study On The Negative List System Of Foreign Investment Access In China

Since the establishment of the Shanghai Free Trade Pilot Zone in 2013,our country has begun to pilot the negative list system in the free trade zone.After nearly nine years,China has extended the negative list system from the exploration pilot to the whole country,and the content of the negative list has undergone several revisions.The promulgation of the Foreign Investment Law in 2019 reconstructed the legal system of foreign investment in China,and comprehensively established a new foreign investment management model of “pre-establishment national treatment plus negative list”in the form of legislation.It is a major innovation in the field of foreign investment in my country in the new era,it is also an important measure for our country to benchmark against the high standards of international economic and trade rules.In 2020,under the impact and influence of the COVID-19 epidemic,the global economy was in a downturn,but China’s foreign capital utilization continued to grow against the trend and became the largest foreign capital attraction country in the world.This is not be separated from the continuous exploration,practice,improvement and promotion of foreign investment-related systems in China over the years,and it is also a powerful manifestation of China’s continuous adherence to expanding and opening to the outside world.China’s negative list system of foreign investment access has experienced a good effect in the process of gradual practice and application from pilot to popularization,but it has also encountered some difficulties,and in the concrete system construction also needs to be further improved and consummated.Through combing and analyzing the development status and practice of the negative list system of foreign investment access in China,this paper concludes that there are some problems in the negative list system of foreign investment access in China,such as the system of laws and regulations is not perfect,the standard of the negative list is unreasonable,incomplete construction of laws and regulations,irrational standards of negative list,lack of transparency and predictability,inadequate supervision,and imperfect supporting systems related to the negative list of foreign investment access,such as dispute mechanism,interpretation mechanism and national security review mechanism.As to how to improve the negative list system of foreign investment access in China,on the basis of the comparative analysis of the specific practices of foreign countries on this system,according to that,this paper summarizes and analyzes the beneficial experiences of foreign countries,puts forward some corresponding suggestions in combination with China’s actual situation and international experience : perfecting the foreign investment laws and regulations system;clarifying the criteria of the negative list;enhancing the transparency and predictability;unifying and strengthening the legal supervision;establish and construct a multiple element dispute settlement mechanisms;formulate interpretation rules for negative lists;and improve the national security review mechanism for foreign investment.