Research On The Legal Issues Of Lottery Contract

Since the eighty’s, China’s lottery began to issue and sales, the lottery industry has been booming. With the development of China’s social and economic development, lottery tickets have become common in people’s daily life, and enrich people’s leisure life. Lottery, although the nature of gambling, but because of the country’s allowed to have legitimacy, and the issue of the lottery to raise funds for the development of China’s welfare and sports has made a tremendous contribution. But the current law of our country does not make the relevant provisions of the lottery contract, resulting in the judicial practice of the lottery contract similar cases, different courts will make different decisions. In theory, there are some disputes about the lottery contract parties, the establishment of the lottery contract, the liability for breach of contract, and so on. Based on this, this article in order to study the lottery contract, and put forward some suggestions for the perfection of the contract law of our country.The first chapter for the problem, through the introduction of two similar cases, the court made a similar case to make a different decision, in the judicial practice of lottery contract cases often have a greater controversy.In the second chapter, it is simple to determine the nature of the lottery and the lottery contract. Through the analysis of the characteristics of lottery tickets to distinguish the difference between the lottery and lottery, and thus to analyze the nature of the lottery contract identification. The lottery contract is considered to have the characteristics of the contract of sale, but it is not a gift contract.The third chapter is the key point of this article, namely, the analysis of the establishment of the lottery contract. First of all analysis of the parties to the lottery contract. Through the analysis of lottery ticket contract involved in the related legal relationship, to investigate the roles played by the parties in the lottery contract, it is concluded that the lottery agencies, lottery sales agencies and lottery buyers for the lottery contract parties. Secondly, the analysis of the lottery contract between the parties expressed the intention to issue and finally agreed. Finally, through analyzing the function of lottery ticket in the lottery contract, the lottery ticket is the essential element of lottery contract.The fourth chapter introduces the rights and obligations of the two parties in the lottery contract. The obligations of the parties to the lottery contract not only include the obligations of the general contract of sale and purchase, but also the special obligations involved in a series of lottery contracts.The fifth chapter introduces the liability for breach of contract of lottery. This section mainly introduced in the lottery issuing agency, lottery sales agencies a breach of the lottery buyers lose the chance of winning the liability for breach of contract and deal with the chance of winning loss damage compensation, the standard of compensation by comprehensive evaluation method. In respect of other aspects of liability for breach of contract, the contract law can be applied to deal with the rules of the sale and purchase agreement.