数字时代残疾人无障碍金融服务获取权法律保障研究

Research on Legal Protection of the Rights to Accessible Financial Services for Persons with Disabilities in the Digital Age

数字时代,残疾人获得金融服务的难度增大,现有法制保障及制度建设尚有不完善之处。以《中华人民共和国无障碍环境建设法》的实施为契机,保障残疾人无障碍获取数字金融服务权益,应从实体法和程序法两个角度进行构建。《商业银行法》《银行业监督管理法》《金融消费者权益保护实施办法》等法律法规中应增加保障残疾人无障碍获取数字金融服务的内容,明确金融机构提供合理便利的义务,并明确未妥当履行该义务的责任。程序法上应在《无障碍环境建设法》基础上贯彻全面的司法便民原则,发挥司法机关公益诉讼、司法建议制度的积极作用。同时,应当搭建残疾人接触数字金融技术的桥梁,构建金融监管部门与司法机关之间的协同机制,从制度上保障残疾人无障碍获取数字金融服务权利的实现。

Due to the imperfection of the legal protection and institutional construction,it is not easy for persons with disabilities to access to financial services in the digital age.Taking the implementation of the Barrier-Free Environment Construction Law of the People's Republic of China(hereinafter referred to as the Barrier-Free Environment Construction Law)as an opportunity to safeguard the rights and interests of persons with disabilities in accessing digital financial services without barriers,it should be constructed from the perspectives of both substantive and procedural laws.Laws and regulations should be added to ensure that digital financial services are accessible to persons with disabilities,clarifying the obligation of financial institutions to provide reasonable accommodation and the responsibility for failing to properly fulfill that obligation,such as in the Commercial Bank Law of the People’s Republic of China,the Banking Supervision and Regulation Law of the People’s Republic of China,and Implementation Measures for the Protection of the Rights and Interests of Financial Consumers of the People’s Bank of China.From the procedural law,the principle of judicial convenience should be fully implemented,and the public interest litigation system and judicial recommendation system of the procuratorate should play an active role on the basis of the implementation of the Barrierfree Environment Construction Law.Additionally,actions should be taken as a bridge to support persons with disabilities to access digital financial technology,and a synergistic mechanism should be established between financial regulators and judicial organs to systematically guarantee the realization of the rights of persons with disabilities to access digital financial services without barriers.