The Research On The Fundamental Problems Of Lottery Legislation In China

Lottery, with its long history, is recently a very popular topic. It isactually a particular industry with the characters of high award but very lowprobability. Utilizing the gambling psychology, lottery industry successfullycombines chance game and public welfare.Since its occurrence, lottery has been widely developed in mostcountries. In particular, each government takes the advantages of its financingfunction. In China, the lottery is authoritatively defined by Ministry ofFinance under the "Lottery Issuance and Distribution Management InterimProvisions". It indicates that lottery are the valuable vouchers which aremonopoly issued by authorized organizations for the purpose of supportingnational public welfare, voluntarily chosen, purchased and finally won bypublic according to the published rules. To each buyer, the lottery implies aright to win the prize;to each country, the lottery means a public welfarefinancing approach. From the legal point of view, buying lottery ticket is acivil activity, which builds a trade contract between the lottery issuer andbuyer, but a bailment contract between the issuer and distributor, among thedistributors, and between the distributor and other operating organizations. Todraw and convert the lottery are all the implementations of the trade contract.From the economic point of view, the lottery market consists naturalmonopolies, positive and negative externality and market failure whichrequire the government regulations.The development of lottery in modern China has experienced devioushistory. After the spontaneity period and department lottery, it is nowchanging to the national lottery. In current period, lottery categories andplaying methods have increased a lot. The modern communication methodand network technology are widely employed. The lottery distributionsmainly take the concurrent operating mode. The lottery ticket buyer groupsbecome more and more mature. We have attended the international lotteryorganization. The lottery market has huge potential.At present, there are three regulation modes world widely. Each has itsadvantages and disadvantages. Since the current system in China has itsdrawback, it is necessary to learn from others for the advanced modes andexperiences to re-build our own regulation system. That is to build the systemwith China Lottery Regulatory Commission as its supervisory organization,the state-owned China National Lottery Corporation as the authorized issuerand distributor and the scientific capital management system.Lottery is not only a comprehensive economic activity but also a legalprocess. The lack of lottery laws in China impedes the development of lotterymarket. By learning from the mature legislation experiences, the articlediscussed and designed the lottery law in China about its general rule, marketsubject, market behavior, lottery capital, consumer protection and legalresponsibility.