The legal nature, right expression, realization dilemma and legislative prospect of sports lottery in China ZHANG Fengbiao，WU Junhan
(School of Physical Education，Hunan University of Technology，Zhuzhou 412008，China)
Abstract: The protection of expression right for sports lottery is a key content that the legislation of lottery industry must pay attention, and also an important guarantee for the healthy development of sports lottery. By means of literature research, expert interview and logical analysis, this paper sorts out the relevant literature of the legal nature of lottery securities theory and contract theory. It holds that China's sports lottery has the property of negotiable securities, bearer securities and non-cause securities. It is considered that lottery belongs to civil contract, sale contract and possession contract. Based on the analysis of the rights expressed by sports lottery, it is pointed out that sports lottery in China expresses the expectation right, consumption right and privacy right of lottery users. This paper analyzes the difficulties in realizing the right of expression of sports lottery in China: it is caused by the breach of contract of issuing subject and selling subject, by the characteristics of sports lottery, and by the defects of relevant laws and regulations. The paper proposes the legislative prospect for Chinese sports lottery as follows: forming the whole process protection mode of "before + after", perfecting the rules and regulations of sports lottery, and strengthening the supporting legal construction of distinguishing "public rights" and "private rights".