Study On Lottery Contract

As the first lottery ticket sold25years ago in Hebei province, the lottery industry began its march. In recent years, the lottery industry in our country developped very rapidly, which collected millions and billions of money, and made much contribution to public service cause. As the lottery industry develops continuously, there are more and more lottery buyers. But under the booming Surface, a lot of problems are hiding behind:the lottery conflicts happen frequently; there are many flaws of the issue and management system of lottery; the illegal gambling activities are always forbbiden but still exist. These all have the inevitable relation with the serious lag of the lottery legislation. The serious lag for the lottery legislation surely will cause the government supervision not so powerful, the lottery market in disorder, the legitimate rights and interests of the lottery buyers damaged, the awkwardness of the lottery lawsuit arbitrament and other "lottery symptoms". Therefore, the lottery legislation should be put on the agenda as soon as possible, to make clear system control and defination, supply the strict laws and regulaitons support for the main body to issue lotteries, the management of the lottery markert, the distribution and use of the capital, the rights and obligations of the lottery buyer, the protection for the rights and interests of each side and so on.The lottery legislation should and must be put on the agenda, and meanwhile, the lawmaking should be supported by mature system of relevant theories. If there is no scientific and deep theory system as the base, it’s impossible to make one scientific and normative law. However, the research and exploration of the relavant law problems in lottery field is just at the starting phase in our country, and we only have superficial research on the law problems of lottery and lottery contract, the scientic law theory system hasn’t formed, which makes the further research and exploration on lottery and lottery contract has significant meaning.The core point of this thesis is lottery contract. The relevant problems related to this core point are described respectively. There are three levels of the main body of this thesis:The first level, is using the real evidence to analyse, first start from a real case of lottery contract, to draw forth the main problem the thesis wants to discuss.Through the description of lottery and lottery contract, to obtain the basic law relationship in lottery contract, that is to make clear the rights and obligations of both sides for the lottery contract, which is the base to analyse and research the responsibilities of breaching a contract and how to take responsiblites in lottery contract.The second level, using the compare way to research, to discuss the difference between lottery contract, gambling contract and private lottory. And then through the preventing analysis of illegality of lottery, to obtain the legality of lottery contract.The third level, to discuss the property of lottery contract, and analyse the responsibility distribution problem of contract parties on the base of being clear of the property of lottery.On one side, the well development of the lottery market and the strong voice for the lottery legislation, both need the further research on the relevant law problems of lottery and lottery contract. And on the other side is the serious lag of relevant fields in our country. Just because of this, the law study on lottery and lottery contract becomes more important. Therefore, we should analyse the law essence through the superficial phenomenon of lottery avtivities, leading people’s behaviour, supplying the theory basis in law for the judicature practice and further more supplying some reference for the special lottery legislation in the future, finally promoting the healthy development of lottery market in our country, which is just the objective and the meaning of this thesis.