论抽签程序在经济法中的运用

Lottery in Economic Law

抽签程序在古今中外的社会生活中有着广泛的应用,但在法律中正式加以规定的却不多见。由于抽签是解决资源配置与利益分配的一种手段,当存在实体标准用尽、实体标准无效率或者不存在实体标准时,作为一种程序性安排,抽签可以引入法律制度之中,这也是近年来我国有关法律与司法解释引入抽签程序的原因之一。对于抽签程序,经济法在程序制度的建设中也可以适当予以引入。

While lottery is common in social life both in China and elsewhere from ancient time up to now, it is seldom found in statutory framework. Being an alternative to solution of problems concerning distribution of resources and interests, where all substantial criteria have been exhausted or no substantial criterion works or exists, drawing lots can be introduced as a procedural arrangement into the regime of law, which is one of the reasons why in recent years China has introduced lottery into her relevant laws and judicial interpretations. Thus, lottery may be properly transformed into economic law while we are establishing its procedural institutions.