Research On Legal Regulatory Issues Of Lottery Issuance And Sales In China

Lottery issuance and sales is not only an effective method for a country to raise social funds to serve social and public welfare undertakings and develop sports undertakings, but can also promote social employment. However, to guarantee the lottery issuance and sales to achieve public welfare purposes, it is a must to establish the lottery market regulatory legal system with complete system. Making a broad view of the world, almost all the countries established the lottery issuance and sales legal regulatory system. We have nearly100years’lottery issuance development history. Modern welfare lottery and sports lottery are issued competitively. Although our lottery industry starts late than the western developed countries, lottery has gradually grew into an industry in China. The lottery industry absorbs a large number of employees, which greatly promotes the development of our social welfare undertakings and the sports undertakings. In the early90’s, we set up an institution being responsible for lottery issuance. Till2012, three departments jointly formulate lottery industry management rules and the lottery annual sales amount has already broke through the sum of100billion. At the same time the number of issuance of lottery increases, the quality of lottery issuance and sales legal regulation has greatly improved. However, a lot of problems occur during the lottery issuance process:how to define the nature of the lottery? How to standardize the lottery sales contract? How to further improve the social credibility for issuance of lottery? How to further enhance the legal regulation of lottery issuance and sales, etc. In fact, at present, our lottery issuance and sales have regulation deficiency and the credibility of legal regulation for lottery issuance and sales is very low. The value goal of lottery issuance and sales serving social welfare undertakings and developing the sports undertakings is not actually realized. The lottery issuance and sales model, etc. more or less have problems. Based on the above problems, the special research on the completion of legal regulatory system for lottery issuance and sales have an important social practical significance and certain theoretical value undoubtedly.The whole thesis mainly includes the following4parts:The first part explains the basic theory of legal regulation for lottery issuance and sales. Firstly, explain the nature of lottery issuance and sales. Lottery issuance and sales in China shall have nonprofit nature. That is to say, the lottery issuance and sales aims to serve social welfare undertakings and develop the sports undertakings. Secondly, explain the important significance of lottery issuance and sales. Lottery issuance and sales is not only beneficial to complement national financial revenue and promote the development of social welfare and sports undertakings, but is also beneficial to employment. Thirdly, explain the theoretical basis for lottery issuance and sales. Lottery issuance and sales not only has economic basis but also the economic law basis. Finally, explain historical development, main pattern and basic contents of our lottery market legal regulation.The second part discusses the characteristics and significance of the legal regulation for foreign lottery issuance and sales. Firstly, based on the investigation of legal regulation for lottery issuance and sales in developed countries, reveal the main characteristics of legal regulation for foreign lottery issuance and sales in developed countries. Secondly, elaborate the following enlightens of legal regulation for foreign lottery issuance and sales in developed countries:enlighten of monopoly issued lottery; enlighten of public welfare fund usage model and enlighten of legal regulation model.The third part discusses the existing problems and reasons in the legal regulation for lottery issuance and sales in China. Firstly, analyze the main existing problems in the legal regulation for lottery issuance and sales. Secondly, elaborate the main reasons for the problems existed in legal regulation for lottery issuance and sales in China:fail to define the legal nature of lottery; fail to straighten out the legal relationship between lottery issuance and sales and legal regulation, etc; fail to practically standardize the relationship between the lottery issuance and sales contract; the legislation and practice of legal regulation for lottery issuance and sales fail to adapt to current objective needs.The fourth part discusses the completion of legal regulation for lottery issuance and sales in China. Firstly, discuss the legislation completion of legal regulation for lottery issuance and sales in China. Secondly, discuss the completion of the practice of the legal regulation for lottery issuance and sales. That is to say, the legal regulation for lottery issuance and sales in China shall be as follows:the lottery issuance and sales shall implement monopoly operation; further enhance national supervision for lottery issuance and sales; implement separation between lottery issuance and sales and regulation; further improve the credibility of the legal regulation for lottery issuance and sales.