On The Legal Nature Of Rewarding Advertisement

The paper analyzes the legal nature of rewarding advertisement thoroughly, put forward the theory basis of rewarding advertisement as a unilateral legal act, further analyzes the system foundation and concrete structure of it.The first chapter introduces the development of rewarding advertisement in our country. Before the Judicial interpretation of the contract law issued, our legislation does not have any provision about reward advertising. There are different opinions about its legal nature, scope, effectiveness.The body of the second part will focus on the analysis of the legal qualities of the Rewarding advertisement. Firstly, the debate about legal nature in civil law country, there are two sides in some academic and judicature circles:the single action and the contract theory. At the same time, in common law system countries, according to different purpose, the legal nature of Reward advertising is divided into unilateral contract and unilateral acts. The article further analysis the defects of consensual principle in the traditional civil law, through elaborating theoretical basis of this unilateral promise system, affirming due legal status of unilateral legal act in civil law. In addition, the article respectively from the Angle of view of the morals and the method of economic analysis, rewarding advertisement as unilateral legal act has its own advantages.Under the unilateral legal act, the third chapter points out that the necessity to improve our rewarding advertising system is very essential. It is not only an urgent need for judicial practice, but also the requirements of unilateral legal acts need to be taken seriously. When improving the civil law system in the future, we should formulate unilateral legal act provisions in the Civil Code; provide a basis for unilateral legal acts such as the rewarding advertisement.Finally, on the basis of the preceding analysis, rewarding advertisement has three essential elements:notice to the public, the object of performance, the prize offered. About the cancellation of the rewarding advertisement, the reason of cancellation, revocable requirements and how to protect the interests of the trust after revocation are the focus of analysis. After the completion of the specified behavior, especially in the case of the actors are a few people how to distribute the rewards, legislation of other countries provide a precedent for our country.