[Abstract]

Foreign Investment Law Protection of China (Shanghai) Free Trade Pilot Zone

Jin Chenghua

Shanghai Free Trade Zone is a major national strategic decision to further deepen
reform and expanding opening up and also to enhance the national strength. Shanghai
FTA involves many aspects of reform. The legal system is not only the priority
of promoting Shanghai FTA and also is an important guarantee of operation in
the FTA. Moreover, the operation of the Shanghai Free Trade Zone is inseparable
from new forms of foreign investment. Indeed, Shanghai free trade zone made
many positive and useful attempts to improve the management of foreign investment.
For  example,  in  the  foreign  access  legislation,  there’s  a  popular  treatment  in
international bilateral investment agreements, which are “ national treatment before
access”, negative list and other rules. there are still a lot of problems in the
implementation  process,  such  as  excessive  control,  too  few  services  opened,
lacking of support laws and dispute settlement mechanisms. In the future, with
the deepening of the legal system works, Shanghai FTA will have new laws and
regulations  of foreign  investment,  which  can be  copied,  can  be  extended  and
also be updated. Therefore, analyzing foreign investment and its shortcomings
at this stage is very necessary, on this basis that future prospects in terms of
foreign investment legislation, foreign management, foreign investment dispute
settlement mechanisms, and then help us build the perfect FTA legal system.