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附赠式有奖销售是市场经济发展初级阶段的经济现象,它在为市场主体带来利润的同时,也引发了一系列的法律问题;可能会讲以商品性能、质量的良性竞争引向追求附带赠品的价格战。同时,在现实实践中,合法的附赠式有奖销售与商业贿赂等不正当竞争行为之间界限不明,而我国法律在制定中仅对超过5000元的抽奖式有奖销售进行规制,对附赠式有奖销售未有明确规定,这为司法实践带来重重困境。鉴于此,本文旨在探究附赠式有奖销售的法律性质,并将其与商业贿赂进行比较分析。
Bonus prize sales is an economic phenomenon in the primary stage of market economy development. While it brings profits to market players, it also raises a series of legal problems. It may lead to the pursuit of healthy competition in product performance and quality With the gift price war. At the same time, in practice, there is no clear boundary between unfair competition behaviors such as legitimate bonus-type sales and commercial bribery, while our laws regulate the lottery-only lottery with sales exceeding 5,000 yuan, There is not a clear stipulation for the gift prize sales, which brings many difficulties for the judicial practice. In view of this, the purpose of this article is to explore the legal nature of the paid-for-prize sales and compare it with commercial bribery.