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随着社会主义市场经济的深化改革,我国商品市场呈现繁荣景象,有奖销售作为当今市场竞争的普遍手段也在提高居民消费水平方面起到相当大的推动作用。然而经济法的漏洞,也使得有奖销售中奖品瑕疵的责任归咎如雨中浮萍备受争议。销售者往往以附赠为由婉拒,而消费者在发觉权益受损后却没有足够充分的理由来挽回损失。对此,社会反响强烈。基于此研究背景,本文以有奖销售为切入点,对奖品瑕疵作出定性分析探讨其法律属性,以期保护消费者权益维护正当的竞争秩序。
With the deepening reform of the socialist market economy, the commodity market in our country has been prosperous. Prize sales, as a common means of competition in the market today, have also played a considerable role in promoting the consumption level of residents. However, the loopholes in the economic law, but also make the prize sales prizes blame the blame, such as duckweed in the controversial. Sellers tend to decline on the basis of gifts, and consumers found no sufficient reason to recover the loss after they found the rights and interests damaged. In response, strong social repercussions. Based on this research background, this paper takes prizes sales as the starting point, and makes qualitative analysis on the prizes of prizes to explore its legal attributes, with a view to protecting consumers’ rights and interests and maintaining a proper competitive order.