英文摘要 |
The construction of Taiwan’s legal regime of electronic payment system has achieved a new milestone after the enactment of the Act Governing Electronic Payment Institutions in 2015. Subsequently, the Act was amended in 2021 to expand the service scope of electronic payment institutions and consolidate the Act Governing Issuance of Electronic Stored Value Cards. Even so, there are still many issues to be resolved in the electronic payment system legal regime. This article mainly focuses on the following two issues with reference to Japan’s Payment Service Act. One is the suitability of the regulatory mode governing the agency in the business of collecting and making payments for real transactions. According to the Act Governing Electronic Payment Institutions, only those institutions whose total balance of actual payment collection exceeds NT $2 billion are subject to regulation. These remaining institutions are under the supervision of the Ministry of Digital Affaires. This kind of supervision model makes it easy to engage in regulatory arbitrage, so it is advisable to assign all institutions to be under the same supervision agency which is responsible for supervision. The other is the necessity of regulating the virtual asset trading platforms and the regulation’s model. Taiwan’s Financial Supervisory Commission has released the VASP Guidelines in September 2023 to serve as the basis for regulating trading platforms. However, it is clear from the experience of the legislation of Japan’s Payment Service Act that it is not a good way to protect the users’rights and interests through regulations promulgated by the self-regulatory organizations. It is still necessary to enact laws to impose specific duties on the trading platforms for the users’protection. |