Discussion On Legal Issues About Rewarding Advertisement From A Case Of Finding Notice

The reward has been widely used in advertising all areas of society, and aroused disputes. But reward hasn't been regulated clearly in china's present law, so there are different opinions about it in theory and legal practice. This paper through comprehensive use of scientific analytical method,comparative method and method of interest evaluation to made a thorough research of reward, then to identify the law difficult in practice,I will give view-point of mine and provide some useful advices on the improvement of legislation and regulation.The first part, describe the basic situation of the case of finding notice and the legal issues caused by the case:the legal nature of reward, the relationship between reward and the lost property, the true purpose of the reward advertiser.The second part, analyze the related issues explored from the first part,through three sections. First elaborate the two main theories about the legal nature of reward, it is whether a reward is unilateral legal act or contract act and the arguments between the two theories. This paper argues that the two kinds of theories both have their own reasonability and complement each other in practice. By comparison, the contract act theory is more reasonable and conducive to safeguarding the parties interest and safety of transactions. This paper explain the reasons in support of contract theory. Then to make a analysis of the relationship between reward and lost property, the reward and the lost property have some concurrence, and they not contradict each other. lost property is legal obligation, and reward is contractual obligation. The author argues that reward not against the present provision and should not be regard null and void. And the value of rewarding advertisement should be affirmed, effectiveness of rewarding advertisement is conducive to safeguarding the principle of good faith and normal order of civil circulation.later, this paper made a analysis of the purpose of the reward advertiser, argues that the purpose of the reward advertiser is true, reward advertiser make the decide based on interest evaluation and willing to pay a reward to recover lost property.The third part,on the base of the preceding analysis, make a depth analysis of the case of finding notice. Then make some own proposals on the improvement of legislation and regulation about the reward advertisement. The legal nature of reward advertisement is contract, But it also requires further improvement. The validity scope of reward advertisement should be made some restricted. The remuneration of reward advertisement should be clear defined.