銀行授信業務債權保障之研究

授信業務為銀行業收入之主要來源，亦為主要業務之一，而授信品質之優劣，影響金融秩序及銀行營運健全甚鉅。金融市場，自1985 年至2002 年間本土金融危機四起，資金入股房市，關係授信，高估抵押品等，造成基層金融機構逾放比偏高。其後，金融自由化、國際化、消費者意識抬頭及進入Bank 3.0 時代，銀行業競爭激烈為求新成長，且經營的不確定性大為提高，且在微利時代，如何管控風險，已成當前最重要的課題。因此，授信業務為銀行的重點業務，又風險的評估和控管是授信業務的精髓，如何對授信擔保的評估及處分將越顯重要。本文自銀行徵授信業務應有徵信調查方式、5P 原則之評估及徵授信作業流程出發，探討授信債權擔保及銀行貸款擔保制度相關規範，藉由相關文獻，探究我國銀行業貸款擔保制度問題。並經由實務運作及目前銀行實務運作上之規範、具有代表性之爭議案件見解，做一進步的分析、完整性的探討，最後提出個人建議。

關鍵字

授信業務；授信5P原則；債權保障；保證；銀行貸款

並列摘要

Credit business is the main source of income and one of the main businesses of the banking industry, and the quality of credit has a great influence on the financial order and the sound operation of banks. From 1985 to 2002, local financial crises were everywhere in the financial market. Capital was invested in the real estate market, relationship credit was granted, and collateral was overestimated, which caused the overvaluation of grassroots financial institutions. Since then, financial liberalization, internationalization, the rise of consumer awareness and the entry into the Bank 3.0 era have led to fierce competition in the banking industry for new growth and greatly increased uncertainty in operation. Moreover, in the era of low profits, how to manage risks has become the most important issue at present. Therefore, credit granting is the key business of banks, and risk assessment and control is the essence of credit granting, so how to evaluate and dispose credit granting guarantee will become more and more important. Starting from the method of credit investigation, the evaluation of the 5P principle and the operation process of credit collection and credit issuance, this paper discusses the relevant norms of credit credit guarantee and bank loan guarantee system, and explores the problems of the loan guarantee system in China's banking industry by referring to relevant literature. Through the practical operation of the bank and the current practice of the standard operation, representative views on the dispute cases, do a progressive analysis, integrity of the discussion, and finally put forward personal suggestions.