我国附赠式有奖销售行为的法律问题研究

Study on Legal Regulation of Chinese Premium Sales

随着市场经济的发展,越来越多的商品和服务涌入市场。为了在市场上占有一席地位,各商家之间的竞争也日益激烈,竞争手段和方式也日趋多样化。而附赠式有奖销售因为其成本低、效果明显等特点被商家作为一种常用的促销方式。但是,由于我国对附赠式有奖销售的规制不完善,导致附赠式有奖销售经常带有不正当竞争的性质。在对附赠式有奖销售基本理论阐述的基础上,就附赠式有奖销售的现存问题进行分析,并提出完善我国附赠式有奖销售的建议,以求附赠式有奖销售在市场上发挥它的积极作用。

With the development of market economy, more and more goods and services swarm into the market. In order to occupy a seat position in the market, the competition between the businesses are becoming more fierce. Competitive ways and methods are also becoming increasingly diverse. Because of its low cost and obviously effect, premium sales are used as a common way of promotion. However, the regulations of the premium sales are imperfect, so it ofen appears with the nature of unfair competition. In this paper, we analysis the existing problems of premium sales based on its basic theory. Then we make recommendations to improve our premium sales in order to play its positive role in the market.