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经过十几年来的发展,我国彩票发行已经形成一定的规模。随着彩票业的迅猛发展,我国彩票市场日益暴露出一些问题。特别是管理彩票市场的《彩票法》尚未出台,彩票法律体系至今没有建立,彩票市场出现了一定程度的混乱,如陕西宝马假彩票案、深圳市彩世塔案,沿海地区的私彩泛滥,特别是2005年体育总局“彩票发行费违规事件”,严重影响我国彩票市场的健康发展。因此,笔者试图从彩票市场的法律规制入手,通过借鉴外国彩票市场规范的一些立法经验,探讨对建立我国彩票法律规范的一些构想。
After more than a decade of development, China’s lottery distribution has formed a certain scale. With the rapid development of lottery industry, lottery market in our country increasingly exposed some problems. In particular, the Lottery Law, which manages the lottery market, has not yet been promulgated. The legal system for lottery has not been established so far. There has been some confusion in the lottery market such as the case of Shaanxi BMW False Lottery, the case of Shenzhen Costel Tower, Especially in 2005 General Administration of Sport “lottery issue fee violations,” seriously affected the healthy development of China lottery market. Therefore, the author attempts to start from the legal regulation of the lottery market, through drawing lessons from some legislative experiences in the market regulation of foreign lottery, and discussing some conceptions about the legal regulation of lottery in our country.