Prevent fintech risks with the power of the rule of law
December 29, 2021 08:57 Source: "China Social Sciences" December 29, 2021 Total 2319 Author: Li Wenjing

The technical risk of fintech to the current financial market order、Financial supervision and its legal regulations brings challenges。Therefore,In addition to relying on the continuous improvement of financial technology itself,It also requires relevant laws to respond and regulate。Legislators and regulators need to formulate relevant rules for technical risk prevention of fintech in time,Especially in fintech、Regulatory technology、Risk prevention and control of prevention technology。Legislators need to build technical risk prevention rules for fintech at the institutional level、Risk Supervision System Prevention System、Industry internal supervision mechanism,Clarifying the legal liability for incorrect application of fintech can provide important protection of the rule of law for the better relying on fintech relying on financial technology,Then promote the stability and development of the financial market。

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The rapid development of digital information has continuously upgraded the technical needs of the financial industry in the new era。Fintech refers to the integration of finance and technology,The technology of this includes blockchain、Big Data、Cloud computing and artificial intelligence, etc.。The financial industry is born with innovative genes,Fintech as a breakthrough financial innovation,It has brought revolutionary changes to the financial industry and also generated high risk。The technical risk of fintech mainly refers to the application Bet365 app download process of fintech itself,Risks caused by their technical and system problems。Fintech's own technical attribute,determines its inherent risk attribute,and the innovative attributes of fintech determine the lag of its supervision and legal regulations。

The high degree of integration of technology and finance makes the technical risks of fintech with special and complexity,Especially big data、Applications of new technologies such as artificial intelligence make financial institutions、Financial Market、The relationship between investors is further complicated。Fintech relies on emerging technologies such as big data to bring a structural impact to the traditional financial system,As a result, the traditional financial law cannot effectively adjust the new fintech social relationship。Therefore,Fintech to traditional financial control methods、Regulatory mode and its legal regulations have brought a series of new challenges。As far as the development of Chinese fintech development is concerned,May 2017,The People's Bank of China also set up a fintech committee,Study on strengthening fintech work、The development and improvement of planning and coordination standards for planning and coordination。In fact,The legislation of my country's relevant financial technology risks is relatively lagging behind the development of financial technology at this stage,Especially legislature lag、Problems such as backwardness of regulatory concepts and inconsistencies and responsibilities,The rights and interests of those who cannot effectively protect the relevant financial interests。Therefore,Perfecting the corresponding financial legal system is important to prevent the risks brought bet365 best casino games by financial technology。

  Follow the "Technical and Law" interactive logic

"Technical progress can not only reconstruct the specific content of rights and obligations,It will also change the way to run power。"" ",Scientific and technological progress is while enriching people's social relationships,also caused a vacuum of policies and related legal systems,Leading new technology、The law of adjusting the new social relationship is in a blank state。Therefore,Technology is not only vital to the financial industry,More impact on the establishment of legal system。Although fintech is essentially reflected as an innovative application of technical attributes,But it also has financial attributes and social attributes,and the legal attributes of fintech are an important dimension of its social attributes。but,People are the main developers and users of technology,Even if "technology" is neutral,It will also have illegal characteristics because of human social attributes。The technical risk of fintech will cause financial risks and even social risks due to the "composite dependence" relationship between the industry。Speaking,The technical risk of fintech is based on technical attributes,Social attributes are the specific content of its legal regulations,Therefore,The prevention of fintech risks needs to be fully combined with technical means and legal system。

As far as the regulation of financial technology risks in the law,Financial Technology is affected by both technology and market。Especially technology is a double -edged sword in market applications,Therefore,The legal regulations of technology should be based on the technology itself,First focus on technical means,Reform the supervision and regulation of scientific and technological bet365 live casino games risks。Logic of following the interaction of "technology and law",Taking technology as a means,Using the rule of law as the foundation,Taking risk prevention as the goal,Pay attention to the benign interaction between technology and legal systems,Constructing technology、Standardized financial supervision system,The effectiveness of improving the prevention of fintech risk prevention。

  Establish and improve the financial technology legal system

At present,It has launched the measures of financial technology risks。It mainly includes: the overall policy framework of fintech,For example, the "Financial Technology Framework" launched by the United States in early 2017;,For example。The People's Bank of China has also established relevant regulatory agencies,Actively utilize technologies such as big data to enrich financial regulatory means and cross -financial risk prevention and resolution ability。In this background,The risk prevention of fintech has become an important issue for financial supervision and its regulation,State and financial regulatory agencies need to formulate relevant laws and regulations and improve supervision capabilities,Challenges brought about by technical risks。

International experience based on fintech risk prevention,At present, my country is in a period of rapid development of finance and technology,At the same time, the practical problems of the development status and technical risks in my country at the same time are not optimistic,Therefore,The path of regulating the prevention of fintech risk prevention can be as follows。First,Establish and improve the rules for prevention and control of fintech risks。The focus is on the establishment of a bet365 best casino games comprehensive risk management system for financial technology applications,Establish a dynamic risk management system and a relatively independent risk management organization framework,To gradually form a safe and stable risk management system。2,Establish and improve the financial technology legal system。Take our country as an example,Although a series of opinions such as the "Notice on Further Doing a Better and Cleaning and Rectifying Rectification and Rectification of Internet Financial Risk Special Revisque", the specifications aimed at regulating the development of Internet finance and fintech development。But with the deep development of fintech,New Questions、New contradictions continue to emerge,It should be further improved relevant laws and regulations,Pay attention to financial legislation work, especially the central and local fintech risk supervision and coordination legislation。third,Improve the prevention system for the fintech risk supervision system,It mainly includes clear fintech and regulatory technology positioning。On the one hand,Construct a clear and reasonable development framework; on the other hand,Start from the essence of supervision technology,Clarifying the scientific and technological positioning of supervision to improve supervision efficiency。Fourth,Improve the internal supervision mechanism of the industry,Especially self -discipline organizations within the fintech industry。Institutional protection of the legal status of self -discipline organizations in the industry。Emphasizing the "self -discipline principle" within the industry,Improve the rules of technical risk access in the industry,Before the specific rules bet365 Play online games have not yet matured,It needs to attach great importance to the role of self -discipline organizations in the industry。Fifth,Clarify the legal liability for incorrect applications of fintech and clarify the reason for the exemption of responsibility。The legal system can restrict the behavior of the main body of fintech applications,and timely investigating legal liability in time when technical risks occur。To sum up,Effectively legal regulations of technical risks of fintech need to be accurately applied in the process of financial supervision。

Under the global trend of financial technology innovation and innovation,The legal system of technical risk prevention of fintech is incomplete。How to grasp the development of fintech technology、The benign interaction between financial supervision and the protection of the rule of law is a major problem that needs to be resolved in every country's fintech field。Under the background of economic globalization and technology globalization,Technology as a phenomenon of social norms is increasingly common,But the technology is limited as a specification。Excessive dependence technology,Without limitation of the use of technology, it will change the value and rights allocation pattern pursued by the law。Therefore,Technology requires both legal recognition、Support,It is also subject to legal restrictions。For the technical risk prevention of fintech,The eyes of the legislative departments and regulators should continue to travel to and from scientific and technological risks and specifications、Between regulations,The risk facts of science and technology are determined by law,Standardize the measures of technical risk prevention。

 (Author Unit: School of Law School of Central South University of Economics and Law)

Editor in charge: Chen Jing
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