Journal of Beijing University of Posts and Telecommunications(Social Sciences Edition) ›› 2022, Vol. 24 ›› Issue (6): 21-27.doi: 10.19722/j.cnki.1008-7729.2022.0104

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Basic Legal Theory and Institutional Structure of Fintech Ethical Regulation

  

  1. School of Law, Fuzhou University
  • Received:2022-09-03 Online:2022-12-30 Published:2022-12-30

Abstract: Fintech ethical regulation guides and constrains fintech entities to fulfill market obligations and engage in goodwill altruistic behavior through ethical standards and behavioral norms. As a paradigm of “soft regulation”, fintech ethical regulation has been confirmed at the regulatory level in the document of “Fintech Development Plan (2022—2025)”. Constrained by the data monopoly of fintech companies, the “algorithmic black box” of fintech, and the regulation of financial divisions, fintech has much ethical anomie in the fields of data regulation, algorithm regulation, and platform transaction regulation. In order to seek a reasonable balance between “ethics” and “legalization” of fintech ethical regulation and achieve institutionalized construction, a feasible solution is to build a compound fintech ethical governance system of “government + enterprise + industry self-regulatory organization + the public”, use the regulatory sandbox to conduct fintech ethical operation tests, establish ethical self-examination and evaluation of fintech enterprises, and promote the transformation of fintech bottom-line ethical rules into legal rules.

Key words: fintech, ethical anomie, ethical regulation, institutional construction

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