| Summary: |
政府為鼓勵民眾購屋或鼓勵青年於地方就業並購屋定居，使產業發展能有充足之優質人力，健全就業市場，促進地方之產業發展，對於有購屋能力，且家庭成員名下無自有住宅者，提供購置住宅貸款利率之利息補貼。就政府之各類優惠房貸補貼，有其條件限制，政府機關對民眾提出之申請案件，應即審查，如有缺漏資料，應通知限期補正，申請人逾期不補正、不符規定者、審查不合格者、駁回其申請，對於政府機關所做出民眾的申請為一事實行為、亦或為一觀念通知或行政處分、有待討論。然當民眾取得政府機關所核發之房貸補貼資格、向金融機構申請房屋貸款，承辦貸款金融機構如依各項補貼計畫規定因徵信、授信規定等因素駁回民眾之申請時，民眾該如何申請救濟及救濟途徑為何，如何確保民眾之權益，實有探討研究之必要。 本文之內容主要分為六章，第一章為緒論，包括研究動機、目的、途徑、架構及方法，第二章論述基本權及社會權與優惠房貸之關係，其中包括憲法國家中國家對人民居住之保護義務、我國住房政策與優惠房貸之演進與種類，並比較其他國家之社會福利住房政策。第三章論述公法上權利的認定與保護規劃理論，其中包括陳述人民取得優惠房貸資格之法基礎、民眾與行政機關及金融機構之法律關係及優惠房貸之取得資格，另再討論優惠房貸利息停止補貼與金融機構要求民眾出具之切結書之性質為何？第四章介紹保護規範理論在優惠房貸之運用，內容包括有：行政機關與金融機構拒絕受理民眾優惠房貸之理由及其法律性質，另就公私法二元論及行政補助與雙階理論於優惠房貸實務上之運用。第五章為民眾不服申請請求受拒絕之救濟途徑，內容包括有：行政救濟之定義與區分、民眾不服政府機關行政處分之救濟程序及所得提起之行政救濟途徑與相關問題，第六章為結論與建議。 The government encourages home purchasing by the public and endeavors to help young people develop their career locally and settle down in a self-purchased house. The purpose is to ensure sufficient and high-quality manpower to support industrial development, strengthen the employment market and facilitate the growth of local industries. To fulfill these objectives, the government offers home loan interest subsidy schemes for individuals who are financially capable of home purchasing, subject to the condition that the family members do not have any self-owned residences. The government has, however, established qualification standards on various preferential home loan schemes. The relevant government agencies, therefore, are required to review the applications in a timely manner and request the applicant to supplement or revise the missing/incorrect information, if any, before the specified deadline. The application will be rejected if the applicant fails to provide such information within the deadline, to comply with the regulations or to meet the qualification requirements. An issue that requires further discussion is whether such process should be considered a factual behavior, an ideology notice or an administrative action. On handling the home loan applications submitted by individuals who have acquired the government-issued qualification documents for the subsidy, the financial institutions in-charge may, based on the requirements of various subsidy schemes, reject such applications for reasons such as credit records or loan policies, etc. The applicant then needs to understand the relevant remedial procedures and channels to safeguard their rights and interests. These are also issues to be further explored.The dissertation includes six chapters. The first chapter contains an introduction on the motivation, objectives, channels, structure and methodologies of the research. The second chapter discusses the relationship among basic civil rights, social rights and the preferential home loan, including the constitutional obligation of protection by the country, the housing policies in Taiwan, as well as the development and types of preferential home loans. Also provided in this chapter is a comparison on the welfare housing policies in other countries. In the third chapter, the author explores the ascertainment of rights and interests under the Public Law and the Theory of Protective Norm. This includes the legal basis for acquiring the qualifications for the preferential home loans, the legal relationship among the general public, the administrative agencies and the financial institutions, as well as the qualifications for the preferential home loans. The author also probes the situation when the subsidy for the preferential home loan is suspended, as well as the nature of the indemnity letter required by financial institutions. In the fourth chapter, the author explains how the Theory of Protective Norm is applied to preferential home loans, including the reasons for rejecting relevant applications by administrative agencies and financial institutions and their legal implications. This chapter also discusses the application of the “Dualism of Public and Private Law” and the “Two-Level Theory (Zweistufentheorie) and Administrative Subsidy” on administering the preferential home loan schemes. Chapter 5 explains the remedial channels when an applicant wishes to appeal a rejected case, including the definition and types of administrative remedies, the remedial procedures and channels when an individual wishes to appeal an administrative action of a government agency, as well as all related issues. In Chapter 6, the author provides a conclusion of the study and the relevant recommendations. |