信用卡債務協商機制之研究

摘要因應社會經濟變遷與消費者信用之發展，塑膠貨幣及金融商品具有高度流通性，其中關於信用卡之使用更形普遍。由於我國長期以來存在的銀行家數過多、銀行資金過剩、經濟結構的轉變，以及國內景氣之影響等等因素，使得2006 年國內發生了「信用卡債務風暴」。同時造成本國委外催收信用卡債務引發信用卡債務者逃債、燒炭自殺等社會問題。信用卡債務風暴主要是因為銀行信用卡發卡業務為銀行收入重要財源之一，為了搶占消費金融市場，發卡機構因此忽略風險管理、浮濫發卡。另一個原因是社會形態轉向消費社會，再加上廣告無孔不入、銀行用廣告宣傳不當推銷錯誤之信用卡消費觀念，促使消費者過度消費，從中獲利，因此消費者容易走上過度消費、債臺高築的歧途。政府為了解決信用卡債務問題，除金管會處罰不當催收的銀行、催收業者，以減少社會問題外。還建立了信用卡債務協商機制，提供優惠還款方案（例如分120 期清償、0 利率），信用卡債務協商機制2006 年底結束時，成功協商22 萬2 千多件，金額合計3,200 億元，每件帄均144 萬元。不僅銀行可以貣訴債務人返還借款，信用卡債務者也可以向法院聲請破產，免除部分債務。然而，我國破產要件十分嚴格難以成立。以2005 年為例，破產聲請合計514 件（多為法人聲請破產），其中宣告破產50 件，許可和解2 件。消費者破產使用率顯然偏低，不足以解決信用卡債務問題。值得注意的是 2007 年6 月通過的「消費者債務清理條例」放寬債務清理要件，消費者將來會多一個處理債務的管道。因此本文主要係探討信用卡債務風暴的成因及協商機制，並且從法社會學角度分析信用卡債務問題的解決機制。關鍵字：信用卡債務風暴、協商機制、消費者債務清理條例、清算、更生

關鍵字

消費者債務清理條例；協商機制；更生；信用卡債務風暴；清算

並列摘要

Abstract To cope with the change of the social economy and development of consumer’s credits, the plastic money and financial products have high liquidity, among which the use of credit card becomes more popular. The credit card debt crisis erupted in Taiwan in 2006 due to the impact of such factors as the too many banks existing in a long time, surplus fund in bank, transformation of economic structure and domestic prosperity. At the same time, Taiwan outsourced the credit card debt collection, which led to such social issues as the debtor avoiding debt and committing suicide by burning charcoal. The credit card debt crisis is mainly because the credit card issuance business is one of the major income sources for the banks. To occupy the consumer finance market, the issuing banks ignore the risk management and excessive card issuance. Another reason is the social pattern is transforming into the consumption society. Moreover, the advertisement everywhere and the bank’s inappropriate promotion of the credit card consumption view result in the excessive consumption of the consumers, from which the profit can be obtained. Therefore, the consumers may easily go astray of excessive consumption and heavy debt. To resolve the credit card debt issue, the government authorizes the Financial Supervisory Commission to fine the banks and debt collectors which take inappropriate debt collection actions, so as to relieve the social issues. Moreover, the credit card debt negotiation mechanism is set up to provide the preferential payback plans (such as paying off the debt by 120 terms with 0 interest rate). Till the end of 2006, the credit card debt negotiation mechanism successfully negotiated with more than 222,000 cases, with the debt amounting to NT$ 320 billion or NT$ 1.44 million per capita. The banks couldn’t only sue the debtor to pay off the loan, while the debtor could apply to the court for bankruptcy, so as to exempt from partial liabilities. However, due to the strict requirements of bankruptcy in Taiwan, it is hard to be qualified for bankruptcy. For example in 2005, there were 514 cases applying for bankruptcy in total (mot were business bankruptcy), among which 50 cases were permitted for bankruptcy and 2 case were permitted for reconciliation. Apparently the use rate of consumer bankruptcy is too low to resolve the credit card debt problems. It is remarkable that the Consumer’s Debt Clearing Act passed in June 2007 lifts the debt clearing requirements, so the consumer would have a more channel to deal with the debt. Therefore, this paper mainly explores the causes and negotiation mechanism of the credit card debt crisis, and analyzes the solutions for the credit card debt problems from a sociological view. Keywords: Credit Card Debit Crisis, Negotiation Mechanism, Consumer’s Debt Clearing Act, Liquidation Procedure, Revival Procedure