A Research On The Exact Right And Obligation That Among Sports Lottery Contract

Sport lotteries, it is a kind of paper-based certification which is issued for the purpose of raising fund to develop sports, printed with number, graphic or words. It is available for public to voluntarily purchase and follows specific rules to give the right of win to the buyer. Sport lotteries is not registered, not report lost, non-refundable, no interest and can't circulate. Circulation of sport lotteries is very large, and the funds raised are used to develop sports. Sport lotteries are national monopoly, it also plays a very important role in sport development, raising fund for major sport events and promoting economic society progress. However, since the sport lotteries had been issued for just less than twenty years, compare to the lotteries sales experience of developed country, our country's legislation and rules about lotteries still have some shortage. Therefore, series issues happened during the procedures of sport lotteries contract and fulfillment, sometimes even lead to criminal activities, such as sport lotteries frauds and swindles. The main reasons for those issues are the disorder and indeterminate of right, obligation, and legal responsibility among issuer, seller and consignee. Because, in our country, government mainly use administrative law to manage and handle sport lotteries issues, and use criminal law as supplementary. By doing this way, the misconducts of issuer, seller and consignee could be controlled and punished under the law, but the legal protections for lotteries buyers are very limit. Sport lotteries is a classic kind of civil contract, it is a special sale contract, a chance contract, a stand form contract, a contract of utmost good faith. The buyers of sport lotteries as the counterpart of this contract, when their rights are violated, they could protect their rights through civil litigation. Therefore, we should increase our civil protection for sport lotteries buyers, protect their lawful right from the angle of civil law and contract law. This article based on the research of sufficient previous achievement, then focus on answering problems that was mentioned above. Finally, after strict deduction, this article analyzes the right and obligation of the two parts that involved in this contract; it also gives some solutions for related problems.This paper include five parts discussion, introduction and epilogue were not counted. The first part of this article introduces the meaning, function, and specific civil features of sport lotteries. Author starts his discussion from the introduction of the contract features of sport lotteries, and then briefly makes a comment about its subject, object and content. On this basis, author emphasizes the main point of this paper, the nature of sport lotteries contract------the contract character among equal subjects.In the second part, author expounds the current situation of the legislation about sport lotteries, discusses the existing problems. First, start with the introduction about sport lotteries and related legislation, author then draw a conclusion that criminal law and administrative law control the issuance and sale links in our country; but the civil law part is missing, and therefore legal rights of lotteries buyers can't get enough protection.Third part of this article analyzes and introduces the foreign advanced legislation about sport lotteries. Author indicates that the illumination we should learned is that the lotteries issuance agency should be strictly supervised, make sure it can fulfill it's legal obligation.The fourth part is the main body of this paper, it specifically illuminates the exact right and obligation that among sport lotteries'issuers, sales agents, consignees, and buyers. The goal of this part is to thoroughly interprets what rights and obligations that belong to the both side of sport lotteries contract, provide help to solve the problems and conflicts that are related to sport lotteries.Finally, in the fifth part of this article, author introduces several influential cases that are about sport lotteries, and all of them were settled by using civil law approach, corresponding with the thesis of this paper, reaffirm that there should be more civil legislation be enacted, and implement them in the sales procedure of sport lotteries.