With the rapid development of Fintech, in the end of 2019, China introduced the “regulatory sandbox” mechanism which had developed very fast in recent years. Although some relevant regulations and policies have been issued, there is no mature and applicable regulation relating to the regulatory sandbox in China. Risks in the regulatory sandbox might spread to the whole financial market, therefore it is significant to establish an unambiguous entry standard rule for regulatory sandboxes. In China, there are some problems in the formulation of regulatory sandbox entry standards in projects and applicants reviewing and consumers protection. Through studying the operation of regulatory sandboxes in other countries and regions, it is found that the scope of regulatory sandbox applicants in China is not extensive and diversified enough. Also, there is a high possibility of power rent-seeking in the review of sandbox projects, which would increase the potential risks faced by consumers. Therefore, it is necessary to issue a special regulation regarding the regulatory sandbox clarifying the entry standard in China. This legislation should expand the scope and diversity of sandbox applicants, increase the transparency of projects review process, introduce independent experts to review the innovativeness of projects, and strengthen consumer protection in several aspects.
Published in | International Journal of Law and Society (Volume 5, Issue 4) |
DOI | 10.11648/j.ijls.20220504.17 |
Page(s) | 395-406 |
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This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
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Copyright © The Author(s), 2022. Published by Science Publishing Group |
Regulatory Sandbox, Fintech, Entry Mechanism, Transparency
[1] | Ahern, D. (2021) Regulatory Lag, Regulatory Friction and Regulatory Transition as FinTech Disenablers: Calibrating an EU Response to the Regulatory Sandbox Phenomenon. European Business Organization Law Review, 22, 396. https://doi.org/10.1007/s40804-021-00217-z |
[2] | Allen, H. J. (2019) Regulatory Sandboxes. THE GEORGE WASHINGTON LAW REVIEW, 87 (3), 626. http://dx.doi.org/10.2139/ssrn.3056993 |
[3] | Bromberg, Lev and Godwin, Andrew and Ramsay, Ian. (2017) Fintech Sandboxes: Achieving a Balance between Regulation and Innovation. Journal of Banking and Finance Law and Practice, 28, 4, 314-336. Melbourne Legal Studies Research Paper No. 767. Available at SSRN: https://ssrn.com/abstract=3090844 |
[4] | Buckley, R. P., Amer, D., Veidt, R. & Zetzsche, D. (2021). Building Fintech Ecosystems Regulatory Sandboxes, Innovation Hubs and Beyond. Journal of Law & Policy, 61, 55-98. http://dx.doi.org/10.2139/ssrn.3455872 |
[5] | Butor-Keler, Agnieszka & Polasik, Michal. (2020) The role of regulatory sandboxes in the development of innovations on the financial services market: the case of the United Kingdom. Ekonomia i Prawo. 19. 621-638. DOI: 10.12775/EiP.2020.041 |
[6] | Chen Wei, (2020) International experience and localization of regulatory sandbox exit mechanisms, South Finance, 12, 44-53. |
[7] | Dirk A. Zetzsche et al. 31. (2017) Regulating a Revolution: From Regulatory Sandboxes to Smart Regulation, FORDHAM J. CORP. & FIN. L, 23, 31-103. |
[8] | Eric Brown & Dóra Piroska. (2022). Governing Fintech and Fintech as Governance: The Regulatory Sandbox, Riskwashing, and Disruptive Social Classification, New Political Economy, 27 (1), 19. https://doi.org/10.1080/13563467.2021.1910645 |
[9] | Fahy LA. (2022) Fostering regulator-innovator collaboration at the frontline: A case study of the UK's regulatory sandbox for fintech. Law Policy, 44 (2), 162-184, P178. Doi: 10.1111/lapo.12184 |
[10] | Frazier, Grant & Walter, Nick. (2020) Regulatory Sandboxes: How Federal Agencies Can Take Part in Cooperative Federalism and Catalyze Innovation and Economic Growth through Exercise of Their Exemptive Authority. Dartmouth Law Journal, 1-26. http://dx.doi.org/10.2139/ssrn.3561263 |
[11] | FCA website regarding regulatory sandbox: https://www.fca.org.uk/firms/innovation/regulatory-sandbox (access on 30 November 2022). |
[12] | FSB’s website: https://www.fsb.org/work-of-the-fsb/financial-innovation-and-structural-change/fintech/ (access on 25 November 2022). |
[13] | Gerlach. J. M & Rugilo, D. (2019). The Predicament of FinTechs in the Environment of Traditional Banking Sector Regulation – An Analysis of Regulatory Sandboxes as a Possible Solution. Credit and Capital Markets, 52 (3), 335. http://dx.doi.org/10.2139/ssrn.3233435 |
[14] | Giulio Cornelli, Sebastian Doerr, Leonardo Gambacorta and Ouarda Merrouche. BIS Working Papers No 901. Inside the regulatory sandbox: effects on fintech funding. 2020 November, P1. https://www.bis.org/publ/work901.htm (access on 27 November 2022). |
[15] | Goo, J. J. & Heo. J. (2020). The Impact of the Regulatory Sandbox on the Fintech Industry, with a Discussion on the Relation between Regulatory Sandboxes and Open Innovation. Journal of Open Innovation: Technology, Market, and Complexity, 6, 43. https://doi.org/10.3390/joitmc6020043 |
[16] | Hellmann, Thomas F. (2022) and Montag, Alexander and Vulkan, Nir, The Impact of the Regulatory Sandbox on the FinTech Industry, 1-35. http://dx.doi.org/10.2139/ssrn.4187295 |
[17] | Jason. H. (2018) Fintech needs more regulatory 'sandboxes'. https://www.americanbanker.com/opinion/fintech-needs-more-regulatory-sandboxes (Access on 30 November 2022). |
[18] | Jeník, Ivo Duff, Schan. How to build a regulatory sandbox: A practice Guide for Policy Makers. World Bank Report, No. 161314. 2021, July. https://documents.worldbank.org/en/publication/documents-reports/documentdetail/126281625136122935/how-to-build-a-regulatory-sandbox-a-practical-guide-for-policy-makers (access on 27 November 2022). |
[19] | Khalid, Maryam & Kunhibava, Sherin. (2020). FINTECH REGULATORY SANDBOXES IN AUSTRALIA AND MALAYSIA: A LEGAL ANALYSIS. IIUM Law Journal, 28, 10-11. DOI: 31436/iiumlj.v28i1.475. |
[20] | Li Muhan. (2021) Cold Thinking on the Sandbox Regulatory System: A Dialectical Examination, CREDIT REFERENCE, 8, 76-82. |
[21] | Li Ying. (2021) Research on regulatory transformation under Fintech risks, Contemporary Economic Management, 44, 1-13. |
[22] | Liu Fan. (2019) Sandbox Regulation: Introduction Logic and Indigenous Structures, Southwest Finance, 3, 53-63. |
[23] | Liu Sheng. (2021) The legal logic and system of the regulatory sandbox, Modern Law Science, 43 (1), 115-127. DOI: 10.3969/j.issn.1001-2397.2021.01.08 |
[24] | Marjosola, H. (2021) The problem of regulatory arbitrage: A transaction cost economics perspective. Regulation & Governance, 15, 400. https://doi.org/10.1111/rego.12287 |
[25] | Pu Haitao. (2022) Establish a cross-border financial regulatory sandbox in the Greater Bay Are, Fintech, 13, 52-53. |
[26] | Qi Yudong & Liu Huanhuan. (2022) Innovative Development and Regulatory Transformation of Fintech Under the Background of Digital Economy——From the Regulatory Sandbox Perspective. Research on Economics and Management, 43 (4), 67-81. Doi: 10.13502/j.cnki.issn1000-7637.2022.01.005 |
[27] | Robert Savoie & Philip Hoffman. (2019) The Evolving Regulatory Response to Innovation: Special Purpose National Bank Charters, RegulatorySandboxes, and No-Action Letters. The Business Lawyer, 74, 527-536. |
[28] | Shen Yan & Gong Qiang. (2020), A Research on the Design of China’s Fintech Regulatory Sandbox Mechanism,. Financial Forum Jounal, 2021, 1, 3-13. DOI: 10.16529/j.cnki.11-4613/f.2021.01.002 |
[29] | Song Ke & Fu Xiaojun. (2022) The International Experience of Regulatory Sandboxes and China's Application: A Discussion on the Similarities and Differences between China's "Regulatory Pilot" and "Regulatory Sandbox", Working Paper, 1-22. http://sf.ruc.edu.cn/21-1-11.pdf (Access on 30 November 2022). |
[30] | Wang Jian & Zhao Bingyuan. (2021) The Sandbox Regulation of Internet Financial Innovation: Challenges and Countermeasures, LAN ZHOU XUE KA, 10, 111-123. |
[31] | Xing Huiqing. (2022) Rethinking and Transcendence of the Legal Supervision Path of Market-oriented Financial Innovation, Modern Law Science, 44 (2), 98-114. |
[32] | Yang Tao. (2022) Rational Understanding of the Reform Exploration with Fintech Regulatory Sandbox, THE SCHOLARLY VIEW, 9, 102-110. DOI: 10.16619/j.cnki.rmltxsqy.2022.17.011 |
[33] | Ying Shangjun & Zhang Jing. (2021) Thoughts on FinTech Supervision under the New Situation ——From the Perspective of the “Regulatory Sandbox” Institutional Framework, SOUTHWEST FINANCE, 2, 25-37. |
[34] | Zhang Long. (2021) Feasibility and institutional design of regulatory sandbox implementation in pilot free trade zones, Economic Management, 3 (36), 134-148. |
[35] | Zheng Bugao & Lin Miao & Zhang Jixing. (2021) The international experience of the "regulatory sandbox" and the practice of China, Fiscal and financial, 1, 49-52. |
[36] | Zheng Jianhui. (2021) On the cooperation mechanism of the "regulatory sandbox" of Fintech in the Guangdong-Hong Kong-Macao Greater Bay Area, Finance and Accounting Monthly, 19, 141-148. DOI: 10.19641/j.cnki.42-1290/f.2021.19.019 |
[37] | Beijing Financial Work Bureau etc. Beijing Plan for Promoting the Development of Fintech (2018-2022), 2018. |
[38] | People's Bank of China, Fintech Development Plan (2019-2021), 2019. |
[39] | People's Bank of China, Announcement of Fintech Innovation Regulatory Pilot Application (First Batch in 2020), 2020. |
[40] | People's Bank of China, White Paper "China Fintech Innovation Regulatory Tools", 2020. |
[41] | People's Bank of China, Fintech Development Plan (2022-2025), 2022. |
[42] | People's Bank of China, China Banking and Insurance Regulatory Commission and China Securities Regulatory Commission, Guiding Opinions on Improving the Supervision of Systemically Important Financial Institutions, 2018. |
[43] | People's Bank of China, Monetary Policy Implementation Report for the Fourth Quarter of 2021, 2021. |
APA Style
Mi Wang. (2022). Regulation Paths of Regulatory Sandbox Entry Mechanism in China. International Journal of Law and Society, 5(4), 395-406. https://doi.org/10.11648/j.ijls.20220504.17
ACS Style
Mi Wang. Regulation Paths of Regulatory Sandbox Entry Mechanism in China. Int. J. Law Soc. 2022, 5(4), 395-406. doi: 10.11648/j.ijls.20220504.17
@article{10.11648/j.ijls.20220504.17, author = {Mi Wang}, title = {Regulation Paths of Regulatory Sandbox Entry Mechanism in China}, journal = {International Journal of Law and Society}, volume = {5}, number = {4}, pages = {395-406}, doi = {10.11648/j.ijls.20220504.17}, url = {https://doi.org/10.11648/j.ijls.20220504.17}, eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220504.17}, abstract = {With the rapid development of Fintech, in the end of 2019, China introduced the “regulatory sandbox” mechanism which had developed very fast in recent years. Although some relevant regulations and policies have been issued, there is no mature and applicable regulation relating to the regulatory sandbox in China. Risks in the regulatory sandbox might spread to the whole financial market, therefore it is significant to establish an unambiguous entry standard rule for regulatory sandboxes. In China, there are some problems in the formulation of regulatory sandbox entry standards in projects and applicants reviewing and consumers protection. Through studying the operation of regulatory sandboxes in other countries and regions, it is found that the scope of regulatory sandbox applicants in China is not extensive and diversified enough. Also, there is a high possibility of power rent-seeking in the review of sandbox projects, which would increase the potential risks faced by consumers. Therefore, it is necessary to issue a special regulation regarding the regulatory sandbox clarifying the entry standard in China. This legislation should expand the scope and diversity of sandbox applicants, increase the transparency of projects review process, introduce independent experts to review the innovativeness of projects, and strengthen consumer protection in several aspects.}, year = {2022} }
TY - JOUR T1 - Regulation Paths of Regulatory Sandbox Entry Mechanism in China AU - Mi Wang Y1 - 2022/12/27 PY - 2022 N1 - https://doi.org/10.11648/j.ijls.20220504.17 DO - 10.11648/j.ijls.20220504.17 T2 - International Journal of Law and Society JF - International Journal of Law and Society JO - International Journal of Law and Society SP - 395 EP - 406 PB - Science Publishing Group SN - 2640-1908 UR - https://doi.org/10.11648/j.ijls.20220504.17 AB - With the rapid development of Fintech, in the end of 2019, China introduced the “regulatory sandbox” mechanism which had developed very fast in recent years. Although some relevant regulations and policies have been issued, there is no mature and applicable regulation relating to the regulatory sandbox in China. Risks in the regulatory sandbox might spread to the whole financial market, therefore it is significant to establish an unambiguous entry standard rule for regulatory sandboxes. In China, there are some problems in the formulation of regulatory sandbox entry standards in projects and applicants reviewing and consumers protection. Through studying the operation of regulatory sandboxes in other countries and regions, it is found that the scope of regulatory sandbox applicants in China is not extensive and diversified enough. Also, there is a high possibility of power rent-seeking in the review of sandbox projects, which would increase the potential risks faced by consumers. Therefore, it is necessary to issue a special regulation regarding the regulatory sandbox clarifying the entry standard in China. This legislation should expand the scope and diversity of sandbox applicants, increase the transparency of projects review process, introduce independent experts to review the innovativeness of projects, and strengthen consumer protection in several aspects. VL - 5 IS - 4 ER -