The Analysis of the Structure of Law on Mortgage Rate Pricing of Financial Industry

我國央行於1986年廢除「利率管理條例」，取消對存放款上、下限之規定，推動利率自由化，並參酌美國制度，引進「基本放款利率」制度。然而2000年初期，在基本放款利率制度實施十餘年後，央行為因應當時國內景氣狀況之下，重貼現率速速調降，導致國內銀行存款利率接連下修。但是，以基本放款利率為計價基礎的房貸利率，因涉及一般民眾權益，其調降速度又遠遠不及存款利率之調降速度，遂形成民眾普遍不滿情緒，而有改革基本放款利率制度之聲音產生。 當時央行為呼應民眾之要求，多次透過各種途徑對銀行進行道德勸說，呼籲銀行主動調降房貸戶之利率，然成效並不顯著。鑑於基本放款利率制度之改制非短期間可克竟全功，央行乃鼓勵各銀行更改房貸計價方式，使其更見彈性，更為透明。「定儲利率指數型」房貸商品應運而生，影響至今。 本研究除了探討一般放款理論及基本原則，並論及放款訂價策略與訂價方法。在討論房貸利率訂價制度同時，由法律思考的角度切入，解析指數型房貸利率之契約結構，並指出現行指數型房貸之相關核心問題及對於銀行獲利結構產生的重大影響，進而針對此一結構性議題進行檢討與建議。In 1986, Central Bank of Taiwan abolished “the interest rate management regulations”, and abrogated the restrictions of the upper and lower limits on the deposits and loans. Central Bank of Taiwan also took the American system for reference and brought in the “Prime Lending Rate” system. However, at the early of year 2000, in order to respond to the monitoring indicators in Taiwan at that time, Central Bank rushed to slash the rediscount rate after the prime rate system had been carried out for more than ten years, so that domestic banks started to cut the deposit rate. But because of the mortgage rate was related to the rights of general public, and the speed of lowering the mortgage rate which used the prime rate as the pricing basis was far slower than it of lowering the deposit interest rate, so it caused the dissatisfaction of the public generally, and the voice of reforming the prime rate system started to emerge. At that time, in order to respond to the requests from the public, Central Bank appealed to banks for decreasing the mortgage rate for their customers actively by convincing them with moral reasons through different kinds of methods many times, but the effect was not remarkable. Due to the reforms of the prime rate system couldn’t be fully successful within the short period of time, so Central Bank encouraged banks to change their mortgage rate pricing methods, and make them more flexible and transparent. The mortgage products of “adjustable Rates for Consumer Loans” were launched and are significant till now. This study not only explores the general loan theories and basic principles, but also touches upon the loan pricing strategies and methods. At the same time when discussing mortgage interest rate pricing system, we analyze the contract structures of the currently adjustable mortgage rates from the point of view in law, point out the important influences on the related core problems of Adjustable Rate Mortgage and towards the structure of bank profitability, and conclude some further reviews and suggestions on this structural topic