論金融科技發展的監理難題與法制策略 ─ 以我國的規範與實踐為核心

Translated title of the contribution: Regulatory conundrums and legal/regulatory strategies for FinTech developments: focusing on the regulations and practices in Taiwan

Research output: Contribution to journalArticleOther

Abstract

The rapid development of FinTech has transcended and reframed both the industrial and geographical boundaries of the delivery of financial services. It presents not only opportunities for the industry and economic developments but also poses unprecedented challenges to financial regulatory authorities. This article proposes an analytical framework that aims to help the authorities better answer the question of whether to give permissions to different FinTech activities and how to effectively regulate them based on three different levels the FinTech activities involve—Operation Level, Business Level, and Market Level. Under the Analytical Framework, this article identifies three key regulatory conundrums: the lack of regulatory resources, the difficulty of regulatory collaboration and the undersupply of regulatory emiricism, and their corresponding challenges in three regards—regulatory outsourcing, separation of banking and commerce, and market open-up. This article then proposes feasible legal and regulatory strategies that can effectively tackle the three conundrums, and demonstrates how these strategies can be practically applied based on analyzes of the current market and regulatory developments in Taiwan. The said strategies are: Utilizing Regulatory Experiments and Behavior Insights Mechanisms, Establishing Legal Infrastructures for Consumer Empowerment, and Pushing for Digital Regulatory Reporting and the creation of Industry Sandboxes. and demonstrate how these strategies can be practically applied based on analyses of the current market and regulatory developments in Taiwan. The said strategies are: Utilizing Regulatory Experiments and Behavior Insights Mechanisms, Establishing Legal Infrastructures for Consumer Empowerment, and Pushing for Digital Regulatory Reporting and the creation of Industry Sandboxes and demonstrate how these strategies can be practically applied based on analyses of the current market and regulatory developments in Taiwan. The said strategies are: Utilizing Regulatory Experiments and Behavior Insights Mechanisms, Establishing Legal Infrastructures for Consumer Empowerment, and Pushing for Digital Regulatory Reporting and the creation of Industry Sandboxes.
Translated title of the contributionRegulatory conundrums and legal/regulatory strategies for FinTech developments: focusing on the regulations and practices in Taiwan
Original languageChinese (Traditional)
Pages (from-to)139-218
Number of pages80
JournalChengchi Law Review
Volume163
Publication statusPublished - 2020
Externally publishedYes

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