On The Legal System Of Lottery From The Perspective Of Fundamental Rights Protection

Lottery,as an effective means for the government to raise financial revenue,is a relatively stable supplementary financial source,and is favored by the government.Lottery is a "double-edged sword".On the one hand,it has the functions of distributing social wealth,financing public goods and legalizing immoral income;On the other hand,it has addictive,regressive and other negative effects,which has been questioned by the public.The lottery is endorsed by the national public trust.How to overcome the negative effects of the lottery and avoid the crisis of trust is a test of the wisdom of the national administrators.From a worldwide perspective,there are many effective lottery management experiences,including the franchise of lottery under the state monopoly,the control of lottery through the law,the protection of the rights of lottery stakeholders,the use of lottery revenue for specific welfare supply,and the adoption of efficient supervision measures.China’s modern lottery industry began in 1987,raising a large amount of revenue for the country,and making great contributions to the performance of government public functions and the development of public welfare undertakings.However,with the rapid development of China’s lottery industry,many problems have been exposed,and the existing institutional resources are difficult to cope with the complex and changeable lottery practice,which makes China’s lottery governance face multiple difficulties.In the "Era of Rights",the fundamental goal of national governance is to protect people’s fundamental rights,and the same is true of lottery governance.Property rights,welfare rights,and supervisory rights are the most fundamental rights in the operation of lottery,and safeguarding these fundamental rights is the logical starting point and fundamental value goal of the lottery legal system.Property rights are the basis for the survival and development of a nation,and the issuance and sale of lottery tickets will inevitably have an impact on the existence and value of the property of lottery buyers.From the perspective of property rights protection,the issuance and sales of lottery tickets should be controlled within a certain limit.Different lottery issuance and sales models differ in the allocation of powers(rights)and obligations,and there are differences in the protection of property rights.The distribution and sales model of lottery tickets,which is dominated by administrative departments and has no separation between government and enterprise,has insufficient protection for the property rights of lottery buyers.At the same time,due to the excessive pursuit of lottery revenue and the neglect of lottery social responsibility in lottery issuance and sales,the protection of property rights for problematic lottery enthusiasts has become a prominent issue in lottery issuance and sales,and the rise of internet lottery has brought challenges to property rights protection.In response,China should change the distribution and sales model of lottery tickets and transform the lottery issuance management center into a wholly state-owned or holding enterprise that is specifically responsible for the issuance and sales of lottery tickets.At the same time,China should establish a responsible lottery system,restrict lottery products and marketing behavior,establish a governance mechanism for problematic lottery holders from the aspects of qualification restrictions on lottery holders,evaluation of their payment ability,and active treatment of problematic lottery holders,and improve internet lottery regulation strategies.The right to welfare is a positive right,and the state should take necessary measures to promote and guarantee its realization.Lottery public welfare funds raised by the government through lotteries are mainly used for social welfare payments,so the relationship between lotteries and welfare rights is very close.The protection of welfare rights by lottery public welfare funds has the characteristics of specialization,equality,and limitation,which means that lottery public welfare funds should be earmarked for specific purposes,and substantive equality and maximization of social welfare should be pursued in the distribution and utilization.A review of China’s lottery public welfare fund allocation and utilization system shows that there are problems such as the imbalance between government welfare payment obligations and fund allocation,the dislocation of welfare beneficiaries and substantive burden subjects,the diversification of rights protection needs and limited use of public welfare funds,and weak procedural safeguards for the use of public welfare funds,which have caused the distribution and utilization of public welfare funds to deviate from the protection of welfare rights.In this regard,it is necessary to increase the local share ratio based on the division of authority of office and expenditure responsibilities,appropriately tilt towards underdeveloped areas,gradually reduce the proportion of lottery public welfare funds to supplement the national social security fund,and focus on protecting the welfare rights of vulnerable groups.At the same time,the main users of lottery public welfare funds are diversified,and the lottery public welfare fund funded projects are determined based on the actual welfare needs of the recipient groups.Moreover,a standardized and efficient use procedure should be constructed from three aspects: substantive review,public participation,and performance evaluation of lottery public welfare fund projects,in order to better protect the welfare rights of relevant subjects.The right of supervision is an indispensable fundamental right of citizens,and it is an important guarantee for regulating lottery rights and promoting the realization of property rights and welfare rights.The protection of the supervisory rights of relevant subjects covers the entire process of the issuance and sale of lottery tickets and the distribution and use of lottery public welfare funds.In the lottery supervision system,the basic requirements for ensuring supervision rights are the diversification of the content and implementation methods of supervision rights,the democratization and normalization of supervision rights protection,and the coordination of supervision rights and supervision rights.At present,due to the lack of individual supervision capacity guarantee mechanisms,the inadequacy of civil rights relief mechanisms,and the imbalance of supervision power that is difficult to coordinate with supervision rights,it is difficult to achieve the supervision rights of relevant subjects.Therefore,the lottery supervision system should be reshaped based on the protection of supervision rights.The first is to take multiple measures to enhance individual supervision capacity,such as enhancing individual supervision awareness,improving the transparency of lottery matters,broadening citizen supervision channels,and strengthening individual supervision power.The second is to establish a lottery public interest litigation system to ensure the supervision rights.The third is to optimize the lottery supervision power to promote the realization of supervision rights.Legislation is not only a confirmation of the achievements of reform,but also a guidance and promotion of reform.There is a high degree of compatibility between the protection of fundamental rights and the implementation of the legal principles of lottery.However,China’s lottery legislation has a considerable lag,with the basic characteristics of departmental dominance,problem orientation,and decentralization of power.The existing lottery regulations cannot provide "Good Law" support for the protection of fundamental rights.Lottery legislation is a systematic project.It should be changed from decentralized legislation to comprehensive legislation,and a complete and systematic lottery law should be formulated;Legislators should change their conservative thinking and actively promote lottery legislation from "No Law" to "Good Law";The process of lottery legislation should be open and transparent,and the public opinion expression mechanism should be unblocked;The lottery legislation should maintain the coordination between the legal texts,the lottery normative system and other laws.The guarantee of fundamental rights is the logical mainline of lottery legislation.The Lottery Law can express fundamental rights directly or indirectly through explicit norms of fundamental rights,specific rights norms and specific institutional norms.