我国彩票业法律规制初探

The Legal Regulation of China's Lottery Industry

近几年世界彩票业一直以15%左右的高速增长,西方彩票业之所以快速发展与其健全的法律制度是分不开的。我国自1987年发行第一张彩票至今20年间,彩票业也取得了辉煌的成就。但目前突出的问题是:与彩票业快速发展相比,我国彩票立法明显滞后,一直没有一部最基本的彩票法或彩票行政法规,由于立法的空缺,对彩票的发行主体、购买、市场管理、资金分配和使用、监督、彩票发行者与彩民的权利义务、对非法彩票发行的惩处缺乏一套严格有效的规范体系,致使社会上出现了一些日益增多的"彩票纠纷"、"彩票官司"和"私彩"问题,各类彩票案件频发。毫不讳言,我国目前关于彩票发行除了国务院以若干"通知"的形式明确彩票发行的基本要求外,彩票的具体发行规则以及资金使用办法等则由民政部、财政部分别制定行政规章,这些法律层级比较低,事实上,我国的彩票发行至今没有获得法律上的认可。而解决上述问题的有效途径在于,构建符合我国国情的彩票法律制度。首先明确彩票法律地位、合法性、公益性等问题;其次规定彩票主体——购买主体、发行主体、监管主体三大主体的权利义务;再次建立公开、公正、公平的彩票市场法律制度。

In recent years, the world lottery industry has been about 15% of high-speed growth, the West lottery because the rapid development of its sound legal system are inseparable. China issued the first lottery in 1987. During the two decades, the lottery industry has achieved spectacular results. However, outstanding questions arc： with the lottery industry, compared to the rapid development, China＇ s lottery legislation has lagged far behind, has not been a fundamental lottery or lottery administration and regulations, because of legislative vacancies, the main issue of the lottery, purchase, market management , capital allocation and use, supervision, lottery and the lottery＇ s rights and obligations of illegal lottery tickets issued by the lack of a strict and effective punishment of the normative system, with the result that the community there have been some growing number of ＂lottery dispute, lawsuit lottery＂ and ＂private lottery＂ problem, frequent cases of various types of lottery tickets. No denying that China＇ s current lottery regarding the State Council, apart from a number of ＂notice＂ the form of a clear basic requirements for lottery, the lottery issued specific rules and methods, such as the use of funds from the Ministry of Civil Affairs, the Ministry of Finance, respectively, administrative regulations, these laws level is relatively low, in fact, China＇ s lottery has not received legal recognition. And solve the above problem is an effective way to build with China＇ s national conditions of the lottery legal system. First of all, we should clear the legal status of lotteries, legitimacy, public welfare and other issues; Secondly, we need to regulate the rights and obligations of the subjects of lottery tickets the purchase subject, the monitor and the surpervision subject; Thirdly, we should set up an open, just and equitable legal system of lottery market.