Study On The Civil Adjudication Of Lottery Fraud

For many people, buying lottery tickets has become one of their regular civil activities in their daily lives. Compared to the rapid development momentum of our country lottery market,China's lottery market is still an immature one. Some cases referring to lottery fraud emerges one after another. The judicial institutions often deal with such cases from Criminal and Administrative law the two angles to adjust. However, the lottery has the civil attributes, which make us to adjust and research them from the perspective of Civil law.The definition and legal nature of the lottery are the basic problems to get clear in the civil adjudication of the lottery fraud cases. In this paper, lottery is defined as: a kind of passive bearer Portfolio payable on demand in accordance with the rules announced in advance to get the expecting right which the administration license some specialized agency monopoly issue for people to choose and purchase freely to support the social welfare. Lottery, on its legal nature, are bearer securities, and the paper one indicates some certain rights as well as a contract proof that formed a special contract between the issuer and the ticket-buyer.The second part of this paper talks about a few representative cases of lottery fraud as the breakthrough point to analyze. The category of lottery fraud can be divided into different types of classification according to the different standards. Lottery fraud involved in the legal relationship among Lottery agencies, sales agencies and the lottery-buyers, and the former relationship is between the agent and principal whereas the latter sets up the lottery contract of sales. Lottery fraud can cause the legal consequences of fault liability and liability for breach of the contract.The lottery is a special contract between the issuer and the ticket-buyer. adjudication of the lottery fraud can use the relevant provisions of the contract law,the lottery distributors mainly undertake the main benefit obligations, obligations from the payment, and obligations of protecting the ticket-buyers` rights in the lottery contract, The principle of utmost good faith is an important part of the adjustment for lottery fraud.Lottery fraud can cause the legal consequences of fault liability and liability for breach of the contract.It is necessary to build up the punitive liability system for the lottery fraud. Its constitutive requirements are made up of four aspects: the perpetrator's subjective state of mind, the objective behaviors, harmful consequences, causality. The amount of compensation should be considerated comprehensively by the subjective degree of fault, behaviors'accountability and so on.