Idea Rectification And Institutional Adjustment Of Lottery Law

To most people, it is taken for granted that the lottery is a money-raising tool for social welfare undertaking such as civil administration welfare, sports, etc. The basic tendency of the national lottery policy is also driving the lottery expansion. Negative aspects with "gambling problems" at the core which should be noticed, are covered by the boom of lottery. "What is actual is not meaning that it is rational". This paper tries to inspect and review the current conception of "revenue orientation" and verify "entertainment orientation" under the guidance of the basic theory of fiscal law. This paper includes the following four chapters:Chapter 1 Studies of the current idea of lottery law. The government of People's Republic of China tried to issue lottery in name of prize contribution since 1980s. With the development of lottery, attitudes toward lottery have been changed into a money-raising measure for social welfare undertakings including civil administration, sports, etc. China has gradually set up the legal system of lottery law based on "revenue orientation" which is adaptable to the national strategy. This chapter, which starts with the regulations of legal system of lottery, explores the current idea of lottery law through the legal system of issuing lottery of "distribution monopoly arrangement" and "lottery product management" and the object of "lottery marketing system". The conclusion of this chapter is that the current legal system of lottery exhibits an idea of "revenue orientation".Chapter 2 Reviews of the idea of "revenue orientation". As its name implies, lottery is a mode of financing for social welfare undertakings including civil administration, sports, etc. In essence, lottery is a measure which meets the financial need of the government. As a measure of government financing, lottery should follow the principle of financial fairness. Meanwhile, the government should follow the principle of proportion, which is a proportion balance between the means employed and the purpose achieved. This chapter tries to reflect the current idea of "revenue orientation" with the principle of "proportion" and "financial fairness" based on the material of "lottery consumers" and "problem gambling". This chapter concludes that lottery would not only violate the principle of "fairness of financial revenue and burden", but also the balance between "the means and the purpose".Chapter 3 The demonstration of the idea of "entertainment orientation". It cannot be taken for granted that lottery is purely to meet the financial need of the government. Originally, the essential quality of lottery is "game and entertainment". This chapter explores the origin of lottery with the lottery development history at first. It concludes that "game and entertainment" are the original functions of lottery. By radical reform, this paper refers that the government should reform the original function of lottery on the basis of changes in attitude of lottery and the economic growth of the government. This "reformation" not merely accord with the origin, and can help resolve the dilemma of the "unfairness of financial revenue and burden" and "problem gambling".Chapter 4 The adjustment of legal system of lottery based on "entertainment orientation". The standard function of lottery is for entertainment; therefore, the lottery law should establish the idea of "entertainment orientation". The current legal system of lottery should be adjusted under the idea of "entertainment orientation". In terms of the legal system of lottery issue, the government should give the right to the "enterprise" in the market to become the distributor, and place the emphasis on administrative license examination to the negative effects of lottery product on public. In terms of the legal system of lottery sale, the government should ensure that the distributor of lottery provide the accurate and comprehensive information of lottery, and forbid the induced behavior to the public. In terms of the legal system of the supervision, an independent and professional supervision system should be set up to avoid the negative effect of the benefit of lottery. In addition, the lottery law should set up a preventing and settling system for the "problem gambling".