作　　者： ; ;

机构地区： 浙江大学法学院

出　　处： 《浙江大学学报（人文社会科学版）》 2006年第2期139-148,共10页

摘　　要： 我国彩票业在取得相当业绩的基础上,存在一些突出的问题。这些问题具有深刻的制度面成因,主要是现行监管体制和发行体制的重重弊病以及彩票管制规范基础的薄弱。在和谐社会理念引导下,彩票业的规制改革应当着力于彩票管制正当性和效率性的双重考量。具体而言,应当以市场化为导向改革发行体制,以独立化为目标组建新的监管机构,从各个位阶补足彩票业管制的规范,并在管制过程中引入公众参与。类似于彩票管制这样的公共论题,需要多学科的融合以加强知识累积、促进制度建设。 P. R. C commenced to issue lottery in 1984. In the past two decades, the lottery industry achieved greatly and has earned itself the reputation of being ＂a form of painless taxation＂. However, serious problems also exist in the lottery industry of this country, such as the lottery buyers＇ rights being seriously infringed upon, the lottery market being run disorderedly, public welfare fund being distributed unfairly, etc. These problems have resulted from such systematic defects as the supervision system being incapable in the long run, the supervisors being placed in an awkward position, the issuing of lottery depending heavily on the government （lottery is issued by the Civil Administration Department and National Sports Bureau in China） and the regulations being too weak （most of them are rules carrying inadequate legal power）. Under the guidance of the idea of establishing a harmonious society, the reform of regulations lottery industry should take both justness and efficiency into account in formulating the lottery regulations. In practice, we should reform the issuing system in line with market orientation by bringing in business mechanism. It is necessary to form independent new supervision bodies, increase regulations in the lottery industry at all levels and introduce public participation procedure during the course of regulation.Such an important public issue like the lottery regulation calls for multi-disciplinary research in order to strengthen knowledge accumulation and improve system construction. Meanwhile, the research on similar topics will undoubtedly promote the transformation of research styles in the administrative law and the enlargement of its research field.

关 键 词： 彩票 监管 发行

领　　域： [文化科学] [文化科学] [经济管理]