中国（上海）自由贸易试验区外资法保障

Abstract

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.