互聯網金融的法律生態與規範路徑

The Legal Ecology of Internet Finance and Its Path of Regulation

互聯網金融已借助互聯網科技和金融的耦合發酵成為必須重視的社會熱點問題。這些問題需要在理論和制度層面去研究其內涵、外延、本質，並合理界定政府與市場的界限，處理好其與傳統金融的關係。對此，必須立足於互聯網金融在中國的運行邏輯進行分析，著重剔除其異化的成分，規範其有益的部分。具體地，應把握住政府與市場、自律與他律、安全與創新這幾對關係，並以法律和政策相結合的方式確定相應的規則。唯如此，方能實現互聯網金融健康、有序發展。

The internet finance, through a “coupling fermentation” process between internet technology and finances, has become a hotly disputed social issue that calls for necessary attention. At present, a series of following problems within the theoretical as well as the systematic level needs to be solved, including recognizing the nature, meaning and conceptual extension of internet finance; determining of the boundary between the government and the market along the development and regulation of internet finance; dealing with the mutual relations between internet finance and traditional finance. To answer these questions, it is important to discuss the deeper essence of Internet Finance together with its applicational logic in China, through which its aberrant components can be removed whereas the beneficial functionalities would be brought into exertion. Specifically, the relations between government and market, self-discipline and heteronomy, safety and innovation should be properly balanced and also, the rules upon Internet Finance should be established through a combined consideration about law and policy in order to achieve the healthy growth of Internet Finance.