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Research On Legal Questions Of Advertisement To Offer A Reward

Posted on:2013-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:X B XuFull Text:PDF
GTID:2246330362973411Subject:Economic Law
Abstract/Summary:
The first part of this article outlines the concept and nature of reward-offeringadvertisement. Chinese law does not clearly define the legal system ofreward-offering advertisement, so there are conflicts about the concept and legalnature of reward-offering advertisement between the theoretical circles. By comparingthe views of different scholars, this part describes the definition of a reward foradvertising, as well as the legal nature of reward-offering advertisement in ourcountry at present, providing relatively accurate background information for rewardresearch. With analysis of law, comparative law, law of hermeneutics research on areward of advertising, this part interprets its detailed meaning, and classifies arepresentative for the "prize" of the type of advertisement. Through the analysis of theexisting legal provisions and the material, this section clears the reward the idea ofadvertising, legal nature, setting the tone for the study of reward-offeringadvertisement.In the second part, the components of the reward-offering advertisement andcancellation problems are analyzed. This part analyzes every element of thereward-offering advertisement by the breakthrough that the legal nature of thereward-offering advertisement belongs to an offer. The problem of a reward-offeringadvertisement’s elements and rights of rescission analyzed with necessity andinevitability through Interdisciplinary field, such as sociology and law, on the premisethat the defeasibility of a reward-offering advertisement is affirmed. According to thereward-offering advertisement’s elements, the procedures will be defined by which areward-offering advertisement can be established through an analysis of the contractbetween the elements of a reward-offering advertisement and the judicial practice;The problem of a reward-offering advertisement’s cancellation, based on the legalnature of a reward-offering advertisement, confirms the defeasibility of areward-offering advertisement by analyzing the problem when cancellation of anadvertisement, The third part of this article analyzes problems of the rights and obligationsoccurring after the efficiency of reward-offering advertisement. After the efficiency,the reward-offering advertisement produces corresponding rights and obligationsinevitably. At the same time, the disputes about the reward-offering advertisementoften occur after the efficiency in the judicial practice. The analysis of right andobligation about the advertiser and actor elaborates common dispute in juridicalpractice, serves as a reference on the judicial practice, as well as provides a referencefor the legislation.In addition, the unique feature of the usage to reward-offeringadvertisement rules those people who have statutory obligation and contractualobligation out the reward-offering advertisement’s range.The fourth part of this article thinks about the legislation of reward-offeringadvertising in our country, considering that the legislation is a key factor to solve theproblem of a reward-offering advertisement dispute. First of all, from the currentsituation of reward-offering advertising legislation and the existing problems, twoaspects demonstrates the necessity of a reward-offering advertising for legislation;Second, from the urgency of reward-offering advertisement legislation, the legislationproblem of reward-offering advertising are analyzed; Finally, the combination ofjudicial practice and legislation of reward-offering advertising may perfect thelegislation.
Keywords/Search Tags:The reward-offering advertisement, Legal character, Contract, Legalvalidity
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