On Laws Of Utilization Of Lottery Public Welfare Fund In China

Lottery is the special product emerging on a certain social stage. Both the development of a country and public welfare undertakings need financial support. From the beginning, Lottery, through the accumulation of social power, aims at flourishing the public welfare undertakings. Lottery is divided into the welfare lottery and sports lottery with the purpose of helping the elderly, the disabled, the homeless and the poor, and the purpose of development of gymnastics industry and the implementation of national fitness program respectively. Lottery lets more people participate in the public welfare undertaking in the most simple and interesting way. The emergence of lottery not only redistributes social resources, alleviates state financial pressure, and to some degree reconciles social conflicts but also brings prosperity to public welfare of our country. Starting late in China, lottery, with the economic development, dramatically grows up and the way of its distribution and the innovation of the expansion of its scale promotes the social welfare and gymnastics industry to a large extent. But lots of problems have been highlighted in this process:the irrationality of the utilization of lottery, the shortage of the supervision of lottery, the uneven and opaque of the utilization of lottery. Whereas these practical problems actually result from the defectiveness of laws, particularly, the regulation of utilization of lottery public welfare fund whose bad management and supervision greatly hinder lottery and decline people’s trust in it.The state has become the only authority to issue lottery, therefore lottery belongs to the administrative monopoly industry in China. This administrative monopoly includes not only the monopoly on lottery market entry option but also on the supervision and management right of lottery. The monopoly is also reflected on the utilization and management of lottery public welfare fund, which indicates the will and interest of the state. It is26years since the first issue of lottery. The promulgation of "the Interim Measures for the China’ Social Welfare Lottery" in June,1987and "Lottery Management Regulations" in July,2009witnesses the development of lottery from infancy to maturity. Although the publication of "The Rules for Implementation of Lottery Management Regulations","Lottery Management Approach" and "Financial Management of Lottery Agency" promotes its development, problems of utilization of lottery public welfare fund still exist.These problems result from the deficiency of the legislation, law enforcement and administration of justice. As for the legislation, we lack an efficient disclosure system. In the field of law enforcement, the officers do not do their duty according to the rules and regulations, causing occasionally the opaque and appropriation of lottery public welfare fund. Finally, in the administration of justice, both the violation of lottery regulation and the lack of relief channel of beneficiary or beneficiaries to some extent also weaken the external supervision.Therefore, in order to settle problems arisen in the practice, actions should be taken from the perspectives of the legislation, law enforcement and administration of justice. As to the legislation, the disclosure system of lottery public welfare fund should be reinforced. In the law enforcement, quality cultivation and service consciousness of law enforcement officials should be improved and the principle that laws are strictly observed and enforced and that law-breakers are punished should be followed. In the administration of justice, the ways of judicial relief should be broadened, and the channels of public interest litigation should be set up. Certainly, when perfecting the legislation, law enforcement and administration of justice of lottery, attention should be paid to the reality that the ways to preserve and increase the value of lottery are limited. Besides the parts belonging to the state are put into the national social security found, the rest fund after the deduction of public welfare undertaking are deposited in the bank. So, a set of system for preserving and increasing the value of lottery public fund should be established to increase the income of lottery to the largest extent, raise the utilization of fund, utilizing fully the value of lottery public welfare fund.