关键词: 金融科技平台, 风险防控, 金融销售, 适当性义务

Abstract: Fintech platforms are always faced with a qualitative problem: sales or advertising. If one jumps out of the conceptual barriers of traditional attribute definitions and return to the core essence of financial law of “risk prevention and control”, it is not difficult to find that “risk introduction and risk control” constitute the two essential elements of the platforms’ characterization. From this point of view, fintech platforms present a marketization tendency to be more risk-introduced and more controllable because they dominate many businesses such as smart promotion, account association, layout design, commission sharing, and brand mixing. Therefore, in order to regulate the behavior of fintech platforms, in addition to raising the suitability obligation to the platform level at the subject level, rather than transferring it to the holding licensed institution, it is also necessary to pay attention to the challenges and innovations of fintech on the suitability obligation in terms of content. Of course, the four-layered nesting and single-holding organizational structure of financial technology platforms have always constituted the binding conditions for the above-mentioned platform characterization and behavior regulation, which should be seriously taken into consideration.

Key words: fintech platform, risk prevention and control, financial sales, suitability obligation