Laws And Regulations On Rewarding Sale Activities

With the continuous development of market economy,the competition is increasingly strengthened,sweepstakes behavior has become a common means of sales,plays an important role in the domestic and foreign trade.Sweepstakes behavior refers to the operator in providing services to consumers or selling goods,supplementary to the consumer to provide a certain amount of money,goods or other economic interests.Visible,sweepstakes has a great positive role in market competition,it can effectively promote the consumers' desire to buy,enhances the consumer purchasing power,but also can enhance the market competitiveness of the operator,finally promote the benign development of the market.However,on the other hand,the improper sweepstakes behavior also brings certain negative influence,not only can lead to irrational consumer consumption,cause economic losses,will also infect other operator the right to fair competition,destroy the market order,disrupt the market environment.At present,in our country for sweepstakes behavior research in the field of academic research mostly focused on the economy,the sweepstakes ACTS as a kind of effective sales approach,to study how to make it play a biggest role in the market.Improper sweepstakes brings to the market economy,however,the negative impact of also nots allow to ignore,thus,sweepstakes behavior study is indispensable in the field of law,the legal regulating of the sweepstakes behavior is "anti-unfair competition law" one of the phenomenon must be regulated.Look from the current study to open,in the field of the law,regulation is mainly about behavior of sweepstakes "anti-unfair competition law" in 1993,legal environment,already too old,with 2017 new revision of the anti-unfair competition law,and failed to sweepstakes behavior concept,form and perfect to make the profound system research.Therefore,in today's rapid development of market economy,the behavior of sweepstakes legal regulation is necessary,and is the inevitable requirement of social and economic development.This article is divided into four parts:The first part of this paper expounds the meanings of the sweepstakes behavior and types,function and the comparison of related concepts,the author thinks that,sweepstakes behavior refers to the operator in the process of selling goods or provide services,in order to gain advantage in market competition,to relevant units or individuals that provide economic interests including items,money,etc.;and has three characteristics:the diversity of main body particularity,the purpose of profit-making and means.In addition to the traditional classification methods:draw type sweepstakes behavior and bonus type sweepstakes behavior,with the development of the market also appeared a discount type,benefit type,such as electronic network forms of sweepstakes behavior type.Sweepstakes ACTS as an effective means of promotion is frequently adopted,an operator can improve the purchasing power of consumers,enhance the operator's competitive advantage,and promote the benign development of the market is active;but improper sweepstakes behavior will surely bring to consumers and competitors damage,caused to disrupt the market order.The two-sided of sweepstakes behavior requires the improvement of the legal regulation,perfect the legal regulation should also distinguish between its competition with similar behavior,including commercial bribery,a repo/reverse repo-trade behavior and low campaign behavior.The second part is the current laws and regulations of the sweepstakes behavior study and the remaining problems:at present the legal regulating of the sweepstakes behavior mainly through the newly revised "anti-unfair competition law" and in 1997 the provisions of unfair sweepstakes,in "anti-unfair competition law" mainly through specifically listed unfair sweepstakes can be divided into three types:sweepstakes behavior of the information is not clear,deceive sweepstakes and huge lottery prize sales behavior;And the provisions about unfair sweepstakes formulation and 1997 have been unable to meet the needs of the real market economy development,therefore,for the legal regulating of the sweepstakes still has certain problem,remains to be perfect.The third part is for the rest of the world the legal regulating of the sweepstakes behavior analysis,the author through the analysis of Germany,France,the United States,and Japan law in regulating the sweepstakes,our country should draw lessons from draw directional property regulation,passed a law regulating some prohibitive sweepstakes,limit the types of gifts,properties,etc.By hybrid way of legislation,draws case for judicial discretion,high efficiency low cost;take the general terms and conditions clause is a combination of enumerated type,elucidate the invalidity of unfair sweepstakes,at the same time list shall be banned typicality unfair sweepstakes,provides the clear basis for the judicial discretion.The fourth part puts forward the sweepstakes,the perfection of laws regulating way in our country.The author thinks that,for the perfection of the legal regulating of the sweepstakes should from four aspects:the scientific definition of unfair sweepstakes,including the definition and types;perfect draw type sweepstakes laws and regulations,clear for illegitimate lottery prize sales behavior,set up a registration system,set up reasonable highest bonus;perfect bonus sweepstakes law,qualified bonus sweepstakes is the gift value,the type and quality of behavior;improve the regulation of legal liability,improve the civil liability of the operator,refined,operators of administrative responsibility and criminal responsibility clearly unfair sweepstakes.