负面清单管理模式与私法自治

Negative List Management Mode and Autonomy of Private Law

负面清单管理模式是我国深化市场准入制度改革的一个重要突破口,是我国全面深化改革的重要内容之一。负面清单奉行"法无禁止即自由"的法治理念,充分体现了私法自治精神。作为一种市场准入管理模式,负面清单既是私法自治精神的具体落实,又是私法自治精神的重要保障。另外,负面清单模式有利于减少市场主体所面临的新业态准入风险、降低市场主体的创新风险、化解市场主体在法律空白领域的风险及减少法律行为效力的不确定性。

Negative list management mode is an important reform sally port to deepen market access system and one of important content of comprehensively deepening the reform in our country. Negative list observe the idea of rule of law, ＂there is freedom as long as not being forbidden by law＂, which reflects autonomy spirit of private law sufficiently. As a market access management mode, negative list is both specific practice of autonomy spirit of private law and important guarantee of that. Besides, negative list mode is good to reducing access risk to new mode of business faced by main market players, reducing the innovation risk of main market players, solving the main market players＇ risks in the areas without law regulations and the uncertainty of efficacy of legal act