Study On Lottery Contract

Lotteries have recently been issued in more than120 nations and areas except those where lottery issuing is considered as a breach of the Alcoran tenet. Lottery circulation occupies about 1%-2% of the Gross National Product in the market economic countries, where lottery is highly valued, so these governments and the public are in favor of lottery. But the study for the lottery law researches still obviously lag behind in lottery law, especially in contract theory which is the basis of lottery legal matters and has never been fully discussed. Lottery contract is the basis of studying lottery legal matters. To shed light on lottery contracts and the related issues, this passage probed into this topic and threw up an independent idea, which will contribute to the development of the lottery legal system of our country.Lottery is greatly based on lottery contracts. In terms of our current regulations, explanations and methods, this passage established the definition of lottery, i.e. a series of credence of complicated rights. Through comparative method, the writer analyzes the peculiarity of lottery and indicates the difference between lottery and bond; through demonstrative analysis and hermeneutic method, he discusses what the lottery wants to commend .The difference between lottery and bond is clearly shown by analyzing the characteristics of lottery with comparative methods. Before the lottery is drawn, it commends the opportunity to win the prize, while it awards the buyer with the form of currency after it is drawn. With the clear understanding of the nature of lottery, it can be defined as a special contract aiming to win a prize with a lottery. By analyzing the nature of lottery with legal hermeneutic and comparative methods, it can be defined as civil contract, chance contract, format contract, faith contract, bilateral-duty contract and paid contract..The principal part of lottery contract is further discussed in this passage. In the light of the issue theory of lottery, the main body of lottery contract is bound to be the publisher and the buyer. Explicit analysis is made about the positions of lottery selling organization and lottery commission merchantDue to the special characteristics of lottery, the two parties in contract can not only enjoy the same rights and obligations as in general contracts, but also have a series of privileges and duties.There is an prevalent saying in law field: "No relief, no rights." After regulating the rights and obligations of the two parties and analyzing the general methods of relief adopted when one party violates his obligation, through case analysis as well as demonstrative and comparative methods, this passage points out the current contract theory, legislation and judicatory can't solve the problem of opportunity loss in lottery contract and hence payment for opportunity loss damage should be brought into lottery contract.At last, according to some related legislative examples in other countries, combined with our current lottery regulations, methods, explanations as well as the related policies and judicial practice, wrier thinks we should make our lawmaking perfect, a conclusion is reached that lottery legislation is calling for further improvement and the lottery laws can be brought forward as soon as possible, which can be beneficial to our contract-law theory...