An Economic Analysis of Legal Institutions Concerning China (Shanghai) Pilot Free Trade Zone / 中國(上海)自由貿易試驗區制度設計之法律經濟分析

碩士 / 國立臺灣大學 / 法律學研究所 / 102 / With the reconstruction of the global economic situation, the Chinese mainland set up its first FTZ - China (Shanghai) Free Trade Zone in order to adapt to the new global economic trend and began a series of internal economic and financial reforms. This paper attempts to stick to these two official legal files: 「Special Administrative Measures (Negative List) on Foreign Investment Access to the China (Shanghai) Pilot Free Zone(2013)」 and 「Framework Plan for the China (Shanghai) Pilot Free Trade Zone」. By making a comprehensive cross-comparison with the reality of various services, an economic analysis of legal institutions concerning China (Shanghai) Free Trade Zone will be made.
Before the China (Shanghai) Free Trade Zone, there are quite a lot of FTZ widely established in the mainland. The China (Shanghai) Free Trade Zone consists of four former FTZs, but is functionally upgraded.
The Three key system innovations of China (Shanghai) Free Trade Zone are: the innovation on foreign investment access, services opening up and the financial system innovation.
For foreign investment management, the negative list forms a new pattern monitoring foreign investment. This document lists all the service sectors that foreign investment is restricted or prohibited to. On the other side, all the service sectors not on the negative list enjoy the national treatment.
According to "Framework Plan for the China (Shanghai) Pilot Free Trade Zone" attachment, the mainland market liberalization opens 18 service sectors by 23 measures. The financial services, transportation services, commerce and trade services, professional services, cultural services, and public services sectors are selected to be enlarged and opened, and market access restrictions such as requirements concerning the qualification of investors, limitations on foreign participation, restrictions concerning business scope, etc., will be suspended or cancelled, in order to create an environment of equal market access for the benefit of all investors.
Accelerate the innovation of the financial system. Under proper risk control, the China (Shanghai) Pilot Free Trade Zone will pilot RMB capital account convertibility, interest rate liberalization, and the cross-border use of RMB. In China (Shanghai) Pilot Free Trade Zone, the assets by the financial institutions will be at market rate. According to the impossible trinity, the foreign exchange rate will finally fluctuate in line with international practice in order to leave capital movement free and retain monetary autonomy.
The China (Shanghai) Pilot Free Trade Zone is a national strategy aiming to expedite the functional transformation of government, explore administrative innovation, stimulate trading and investment facilitation and accumulate experience on achieving a more open Chinese economy.

Identiferoai:union.ndltd.org:TW/102NTU05194047
Date January 2014
CreatorsZhong-Nan Lin, 林中楠
ContributorsTze-Shiou Chien, 簡資修
Source SetsNational Digital Library of Theses and Dissertations in Taiwan
Languagezh-TW
Detected LanguageEnglish
Type學位論文 ; thesis
Format83

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