Lottery Fund, The Legal System

The lottery ticket public welfare fund's contrary use, destroyed the people to the lottery ticket public welfare trust, has affected the lottery ticket market development, has harmed the social public property benefit more importantly. How to protect the lottery ticket public welfare fund not to encroach, how to enhance the lottery ticket public welfare fund the operational effectiveness already to become has needed our matter of concern. This article is precisely to internationally exists three kind of public welfare fund uses and the supervision pattern carry on the comparative analysis in the foundation, in line with raises the public welfare fund operational effectiveness the goal, unifies our country's national condition, simultaneously unifies the public welfare fund the social property nature, proposed a series of legislations suggesting, hoped can have the help to our country lottery ticket public welfare fund use legal regime's development.The first part, is the question which and the reason exists to our country current lottery ticket public welfare fund use in carries on the analysis. The article first unifies all sorts of chaos which in the public welfare fund use practice exists, summarizes subject matter which in the public welfare fund use exists, then analyzed has created these problems the history, the system and the system aspect reason, pointed out that the foothold national condition found the appropriate public welfare fund use and the supervision pattern. The second part, first has carried on the comparative analysis to three kind of lottery ticket public welfare fund use and the supervision pattern's good and bad points, is clear about the sub-item special-purpose pattern is most can display the public welfare fund benefit the use pattern, but needs the corresponding use and the supervisory system guarantee public welfare fund security. Therefore embarks from the public welfare fund social property nature, makes the improvement to our country present public welfare fund use and the supervision pattern, proposed that must construct the country, the society, and the public welfare fund beneficiary three Yuan lottery ticket public welfare funds uses and supervises the legal frame work. The third part, is mainly unifies the first two parts of contents to carry on the construction to the lottery ticket public welfare fund use legal regime. First pointed out that the public welfare fund use legislation must insist the social standard guiding principle, follows earmarks a fund for a specific purpose, the benefit, fair, public and the honest credit five basic principle of legality. Then from the public welfare fund use's legal relationship main body, the use way and the procedure, the inspector general relief way and the legal liability three aspects has made the elaboration to the public welfare fund use's concrete legal regime.