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上海自由贸易区中的“负面清单”管理之所以被称为亮点,是因为其奉行“法无禁止即自由”的理念,而暗合法律权利本位理论。从法理上审视,正面清单到负面清单的转变,实际上是权力本位到权利本位的转变,而权利本位意味着有限政府、责任政府和法治政府。随着市场权利不断释放,市场活力进一步激发,政府治理能力不断增强,负面清单将逐步缩小、完善。
The reason why the “negative list” management in Shanghai’s free trade area is called a bright spot is because it adheres to the concept of “no law is forbidden or freedom,” and makes no reference to the theory of legal rights-based theory. Judging from jurisprudence, the change from a positive list to a negative list is actually a shift from power-based to rights-based, and rights-based means limited, responsible and law-based government. With the continuous release of market power, market vitality has been further stimulated, the government’s ability to govern has been continuously enhanced, and the negative list will be gradually reduced and improved.