Study On Legislative Problem Of Premium Sales With Coupons In View Of Civil Law

As a new promotion,"Premium sales with coupons" is still not a ripe one. The developing time is not very long in retail of China. With effects of price illusion, a lot of operators prefer premium sales with coupons. However, during the development of premium sales with coupons, problems have also appeared. In order to make fall use of premium sales with coupons, a number of special rules have been set by sellers. Some sellers set limits to customers using coupons. The limits violate the customers’ fair trading and free choice. Some sellers make fuzzy range of promotional activities or mendacious discount or super coupons to deceive customers. These sellers violate the customers’ right to know. Although there are so many traps in these activities, customers do not know they are cheated, in contrast customers are happy to buy these "cheap" things. Now more and more customers value coupons more than quality. Some customers hold the view that only with coupons can we shopping and coupons decide the sellers. These views disturb the order of the market. The market exist a lot of illegal behaviors which violate the basic principles of contract law, principle of honesty and credit principle, the principle of fairness, principle of making compensation for equal value. Hence, it is necessary to make a comprehensive analysis of shopping coupons from the point of view of civil law which can let customers know the illegal behaviors and traps clearly.This paper can be divided in five parts. In the first part, we give the basic definition of the premium sales with coupons at first, and then though compare with the other promotions. In order to avoid the confused about the understanding, at last give the special effect of this promotion to do the deep research.In the second part, through elaboration and analysis the academic point of view about the premium sales with coupons, we can conclude that in micro-level premium sales with coupons can make a contractual relationship for the seller and buyer, the value of coupons are the price items in the contract of sale, coupons are a kind of rights certificate, and in macro-level, premium sales with coupons is not premium sale with an additional gift, it is only a common method of promotion.In the third part, we first give a conclusion of the restrictive clauses in the premium sales with coupons, and make sure that they are standard contract clauses, then analysis the law effective in two aspects, in and after the conclusion of the contract.In the fourth part, we revealed the common induction of confusing behavior in premium sales with coupons, through deep analysis and make a conclusion that it is the civil fraud, and give a comprehensive analysis of the law effect from contract law and tort law.In the fifth part, put forward my own proposal on legislative from both macro and micro aspects to adjust the premium sales with coupons.