The Research Of The Lottery Regulatory Legal System In China

Lottery,as a kind of public products in the financing way, its formidable function is to promote the national economy and social development.Therefore, it appears particularly important on the system research of lottery supervision. Currently, China's lottery regulatory issues outstanding problems in the following aspects:firstly, lottery regulatory laws and regulations are imperfect,by the implementation of Lottery management regulations of the People's Republic of China in 2009 with certain progress, but the content is still not up to expectations,and it is not convenient for operation due to some ambiguous regulations.Cutthroat competition between the lottery issuers are very intense,in the process of lottery management,but there is no explicitly stipulated regulations to avoid the examination and approval homogeneity lottery. Secondly, the decentralization in our lottery regulators, actually make it the impracticable for the supervision by the ministry of finance, because it could not be really carried out, on the other hand,the usage and distribution of lottery welfare fund in China is not optimistic, the complete separation for the issuers and regulatory authorities in the lottery market is a urgent problem to be solved, the supervision of lottery market can be effectively and well guaranteed only if we establish the independent and professional vertical regulators.Finally, the scale of raising our lottery welfare fund are expanded daily, but lacked a specific regulation to stipulate the range of application, therefore the overlapped applications among various regions and departments occur easily, also may lead to the situation that relevant localities and departments will mutual shirk the responsibility, which will cause the public welfare fund can't be rationally used.In the market supervision, the government supervision is indispensable, lottery supervision is also included.But according to "public choice theory", the government is not applicable to some cases, therefore, besides government regulation, it is necessary to set up the network of supervisors including lottery supervision, self-discipline supervision of sales organization, social public supervision, public opinion supervision,in order to cover the shortage of government supervision.Regarding the abuse by the regulators, regulators' supervision can be considered, and we give lottery regulatory commission with great supervision rights but at the same time it is necessary to consider the rights subject itself to be supervised, the regulatory supervision can ensure that the lottery and sales organizations, the lottery buyers and other interests of market main body will hold the possibilities to complain to the corresponding regulatory policies, which will guarantee the better development of lottery industry.Based on the method of comparison,this paper draw lessons from three typical foreignal lottery supervision system, combining the actual situation in our country, and refer to the Related system of Securities Regulatory, bank supervision, puts forward the assumption of establishing the relevant lottery industry association which is similar to the securities industry association.On the one hand we can strengthen the self-discipline, on the other hand we can cooperate with the social supervision, disclose on time for the problems of various malfeasance, to establish a healthy developing lottery market.