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Institutional Dilemmas, Friction Mechanisms, and Rule-of-Law–Oriented Optimization Pathways for Local Financial Regulation in the FinTech Era

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  • Bohui Lyu

    (Marxism Teaching Department, Xing’an Polytechnic University, Hinggan League, Inner Mongolia 137400, China)

Abstract

FinTech is reshaping financial supply through data, algorithms, and platform-based operations, while accelerating the cross-domain transmission of risks. Local financial regulation consequently faces a compounded predicament characterized by regulatory lag, misalignment between authority and responsibility, and insufficient capacity for technology-enabled governance. Situated in an institutional setting in which “financial management is primarily a central government responsibility” coexists with territorially based obligations for local risk resolution, this article integrates doctrinal normative analysis, legal-dogmatic interpretation, and institutional analysis. Building on a systematic review of FinTech’s impacts on “7+4” categories of local financial organizations, the article identifies three interlocking friction mechanisms underlying the ineffectiveness of local financial regulation: (i) an inadequate supply of legal and regulatory norms that opens windows for regulatory arbitrage; (ii) ambiguous central-local boundaries of authority and responsibility that generate incentive distortions and coordination failures; and (iii) delayed governance of data-related risks that exacerbates information asymmetries and induces risk spillovers. Based on a cost-benefit assessment of institutional arrangements, the article proposes an optimization pathway centered on: reconstructing a function-oriented regulatory rule system; proceduralizing central-local coordination and accountability chains; formalizing RegTech under the rule of law; and advancing coordinated data governance. These reforms aim to achieve a dynamic equilibrium between “promoting innovation” and “preventing risks,” thereby advancing the modernization of local financial regulation.

Suggested Citation

  • Bohui Lyu, 2025. "Institutional Dilemmas, Friction Mechanisms, and Rule-of-Law–Oriented Optimization Pathways for Local Financial Regulation in the FinTech Era," Studies in Law and Justice, Paradigm Academic Press, vol. 4(6), pages 60-73, December.
  • Handle: RePEc:bdz:stlaju:v:4:y:2025:i:6:p:60-73
    DOI: 10.63593/SLJ.2025.12.06
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