Research On The Legal Issues Of Negative List System Of Foreign Investment Access In China

The foreign investment law of the People’s Republic of China was approved in March 2019 and officially implemented on January 1,2020,which means that China’s opening to the outside world has been deepened and the degree of investment freedom has been further expanded,laying a solid foundation for China’s economic development in the new era.For the first time,the foreign investment law has determined the management mode of pre access national treatment and negative list in the form of law.In 2021,the negative list of the free trade zone and the negative list of the national version were promulgated,which continued to maintain the trend of reducing the special management measures for foreign investment access,and China’s opening-up was further increased.Especially before the promulgation,the national development and Reform Commission formed a draft for comments and solicited opinions from the public,which greatly increased its transparency.In the negative list of the version of the free trade zone,the restrictive measures for manufacturing industry are cleared,and the service industry is further opened.This series of initiatives shows that despite the global COVID-19 pandemic and the frustration of international economic exchanges,China’s pace of opening to the outside world has never ceased.Although China has successively established a number of free trade zones and passed a series of laws and regulations,compared with the degree of foreign capital liberalization in developed countries,China’s foreign capital access negative list system is still in the initial stage,and there are a series of legal problems.For example,the expression of some restrictive measures in the negative list is vague,the transparency is poor,and the legal basis of restrictive measures is not listed;There are contradictions between some measures and other laws and regulations;The government supervision and dispute settlement mechanism under the negative list system is not perfect,and so on.To solve these problems,we need to analyze its deep-seated legal theory and explore the logic behind it on the basis of the relevant theories of foreign capital access negative list.By comparing and summarizing the changes of the free trade zone and the national version of the negative list over the years,explore its change and development law,and put forward relevant countermeasures for the problems existing in the negative list system in combination with foreign experience,such as adjusting the list structure,adding a column of legal basis,increasing the transparency of the list,collaborative supervision of diversified subjects,etc.Through a series of adjustments,we hope to promote the continuous optimization of China’s foreign investment management system,continue to deepen reform,expand opening-up,attract foreign investment and promote China’s economic development.