| Financial technology,the integration of finance with modern underlying information technology,is only preliminarily defined by the Financial Stability Board.In recent years,many scholars have made a great deal of academic discussion on the innovation of financial technology,supervision technology,and the application of underlying technology and corresponding formats,led by block chain.In practice,the specific meaning of "financial technology" is different in different backgrounds.The financial innovation driven by science and technology contains new risks related to algorithm,technology and operation.Traditional systematic risks are extended by innovation,forcing regulators to respond specifically.However,due to the lack of regulatory techniques,lagging regulatory rules and outdated regulatory concepts,the traditional regulatory system,laws and regulations centering on prudential regulation,functional regulation and behavioral regulation cannot effectively deal with "disoriented" and "universal" financial transactions.Therefore,it is necessary to expand the technological dimension beyond the prudential supervision,behavior supervision and other traditional financial supervision dimensions,and form new models and new contents of financial legal supervision,so as to effectively and timely prevent and deal with risks caused by financial technologies and "extricate themselves from difficulties" in a timely manner.Starting with the analysis of the "pain points" in the development of the traditional financial supervision system,it is expected to provide new ideas and measures for the legal innovation of financial supervision by using information technology.Based on the research on the innovation of the legal system of financial technology supervision in our country,this paper analyzes the paradigm,idea and path of financial supervision in different aspects.Firstly,analyze the nature of financial innovation triggered by financial technology from three aspects relating to the concept of financial technology,the characteristics of "destructive" innovation of financial technology and the development and evolution of financial technology in our country;Secondly,clarify the institutional structure of financial technology supervision from the perspective of legal system of supervision,and explore the legal logic of financial technology supervision;Finally,based on the regulatory dilemma of financial technology risks in financial innovation,focus on studying the underlying causes of financial regulation dilemma under the background of financial technology and the legitimacy of innovative regulation imposed on financial technology in our country.Different supervision theories,modes and ideas are used to demonstrate the most suitable innovation mode for our country’s financial supervision,and then the macroscopic direction and microscopic measures are put forward.On the basis of the above analysis,this paper puts forward some suggestions on the financial supervision system and rules in our country,hoping to help our country’s current and future financial supervision innovation. |