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|Title:||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|
Regulatory Conundrums andLegal/Regulatory Strategies forFinTech Developments:Focusing on the Regulations andPractices in Taiwan
FinTech;FinTech Regulation;Financial Inclusion;RegulatoryOutsourcing;Separation of Banking and Commerce;Separationof Banking and Commerce;SupTech;RegTech;ConsumerEmpowerment;Open Banking;Regulatory Sandbox;BehaviorInsight;Digital Regulatory Reporting;Industry Sandbox
|Issue Date:||2021-05-21 11:22:26 (UTC+8)|
The rapid development of FinTech has transcended and reframedboth the industrial and geographical boundaries of the delivery offinancial services. It presents not only enormous opportunities for theindustry and economic developments but also poses unprecedentedchallenges to financial regulatory authorities. This article proposesananalytical framework that aims to help the authorities better answer thequestion of whether to give permissions to different FinTech activitiesand how to effectively regulate them based on three different levels theFinTech activities involve—Operation Level, Business Level, andMarket Level.Under the Analytical Framework, this article identifies three keyregulatory conundrums: the lack of regulatory resources, the difficultyof regulatory collaboration and the undersupply of regulatoryempiricism, and their corresponding challenges in three regards—regulatory outsourcing, separation of banking and commerce, andmarket open-up. This article then proposes feasible legal and regulatorystrategies that can effectively tackle the three conundrums, anddemonstrate how these strategies can be practically applied based onanalyses of the current market and regulatory developments in Taiwan.The said strategies are: Utilizing Regulatory Experiments and BehaviorInsights Mechanisms, Establishing Legal Infrastructures for ConsumerEmpowerment, and Pushing for Digital Regulatory Reporting and thecreation of Industry Sandboxes.
|Appears in Collections:||[法學院] 期刊論文|
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