有奖销售是当前商家采用的十分普遍的促销方式,虽然花样繁多但概括起来主要包括附赠式和抽奖式两大类。实践证明,有奖销售确实产生了一些积极的效果,但其中部分促销方式已经超过了必要的限度,不仅损害了消费者的合法权益,更重要的是扰乱了正常的市场竞争秩序,这一点在附赠式有奖销售方面表现尤为突出。问题产生的主要原因在于我国关于有奖销售方面的法律规制主要集中于抽奖式有奖销售,对不正当的附赠式有奖销售规制甚少,因此,有必要对附赠式有奖销售中的不正当有奖销售行为如何规制进行探讨。 Prize sales are the most common promotion methods used by current businesses. Although there are many tricks, they are mainly summaries of bonus types and lottery types. Practice has proved that the award-winning sales did have some positive effects, but some of the promotional methods have exceeded the necessary limits, not only damage the legitimate rights and interests of consumers, more importantly, disturb the normal order of market competition in the Outstanding award-winning sales performance is particularly prominent. The main reason for the problem lies in the fact that the laws and regulations on the sales of prizes in our country mainly focus on the lottery prizes, which have little regulation on the improper prizes, and therefore, The unfair and prudent sales behavior of how to regulate the conduct of discussions.