Research On The Legal Issues Of Reward Advertisement.

At present,the legal nature of reward advertisement has not been clearly defined in our country.Article 3 of the interpretation of several issues in the contract law of the People's Republic of China(second edition)hasn't detailedly distinguished its legal nature,which only provides the general provisions for reward advertisement.There are two viewpoints in the academic circles:unilateral act theory and contract theory.The different nature of reward advertisement will directly affect various issues including the establishment,revocation,reward.Therefore,the thesis starts with distinguishing it from lost object,commercial advertisement and teasing behavior,so as to make clear the nature of reward advertisement.On the aspect of effectiveness of reward advertisement,there are controversies whether the person with limited capacity can obtain subject qualification and whether the reward advertisement can be revoked.Concerning the subject qualification,offer theory holds the view that the person with limited capacity for behavior can not obtain the subject qualification,but the reward advertisement is revocable.The unilateral legal act theory holds the view that the person with limited behavior ability can get the subject qualification,but the reward advertisement can not be revoked after publication.As for the right for remuneration,China has not stipulated the provisions of remuneration for the together-behavior and how to calculate the amount in the situation of lacking of certain remuneration in the reward advertisement.Compared with the Anglo American countries,Common law countries and Taiwan,the indistinct system of our country still needs to be improved in practice.Different legal system countries use various ways to define the nature,effect and payment request of reward advertisement,including Anglo American countries,Civil law countries.Our country can learn from the foreign law to perfect the system of reward advertisement,in order to guarantee the right of people who made the specified behavior of reward advertisement.First of all,the basic theory of the reward advertisement needs to be clarified,and divide the scope of the application and exclusion on the basis of defining the nature of reward advertisement as offer.It's necessary to confirm the scope of eligible subject of reward advertisement.In this regard,the person with limited capacity for civil conduct in pure profit and in circumstances appropriate with its intelligence and age,and full civil capacity person can obtain the qualification.However,the person who has the legal duty and implements professional actions cannot obtain the subject qualification under specific circumstances.Secondly,on the aspect of specific regulation of the reward advertisement system,the nature of the reward advertisement needs to be determined as revocable,and the claim for remuneration needs to be clarified.In the issues of claim for remuneration,it suggests that the first person who completes the behaviorhas the right to claim for remuneration,while several people complete the specified behavior together can share the pay.In the absence of clear remuneration,we can refer to the 158th provisions of the draft of property law and the principle of fairness.Finally,we should use judicial interpretation actively in practice,in order to make up for the vacancy of legislation and issue typical cases for judicial practice in the future.