Research On Legal System Of Reward Advertisements In China

With the development of the socialist market economy,the content of reward advertisements has become richer.It is no longer limited to rewarding for lost items.With the popularization of information network technology,the number of online rewards for winner has increased significantly.The rules for reward advertisements are too simple,and Article 499 of the Civil Code Contract(Draft)has not improved the situation.Through an empirical analysis of 98 cases involving disputes over reward advertisements in China,it can be found that the judicial practice of reward advertisements have three characteristics.First,there is still a dispute about the nature of reward advertisements,but the contract theory is the mainstream.Second,the type of reward advertisements are obvious,among which the government reward and reward for winner involved most disputes.Thirdly,the factors affecting the establishment of the reward advertisements are fragmented,mainly because there are fewer special samples and the factors are scattered.There is a dispute over the nature of reward advertisements in the judicial practice,but the reward contract is said to be mainstream,based on the tendency in legislation and the result-oriented thinking in the research on the nature of reward advertisements,the law should be improved on the basis of contract theory,and the problems in the application of the reward advertisement should be solved.According to the judicial interpretation of the definition of reward advertisement,the constituent elements of reward advertisement can be determined.The constituent elements are very important reference content in determining whether the content of the reward advertisement offer is clear.In addition to the constituent elements of general reward advertisements,the characteristics of different types of reward advertisements must also be considered.Defining the constituent elements is the basis for solving the problem of the establishment and effectiveness of various types of reward advertisements.The interpretation of the meaning of reward advertisements is the focus and difficulty in the application of reward advertisement.Based on the principle of autonomy of will in civil law,the idea of giving up exploring the inner meaning of the rewarder is a value orientation of abandoning essence to the end,but the publicity of the reward advertisement and the particularity of the content of the reward contract determined by the rewarder unilaterally require that the interpretation of the reward advertisement must be strictly by representation.Therefore,the interpretation of the rewarder’s inner meaning in the interpretation of the reward advertisement is very limited.It must be combined with objective circumstances.When multiple interpretations occur,based on the consideration of the actor’s reliance benefits and the rewarder’s high attention obligation,it should be interpreted in favor of the actor.