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潮玩平台“福袋”玩法引质疑,律师:尚不可认定为赌博,但存在涉赌嫌疑
Yang Zi Wan Bao Wang· 2025-10-22 14:34
Core Viewpoint - The news discusses the controversial "福袋" (lucky bag) mechanism on a trendy toy app, which has drawn comparisons to gambling due to its random reward structure and the significant financial losses experienced by players [1][17]. Group 1: Mechanism and Player Experience - The "福袋" system allows players to pay a small fee to draw from a pool of prizes, which can range from low-value items to high-value hidden prizes, creating a gambling-like environment [1][4]. - Players report mixed experiences, with some winning valuable items while others face substantial losses, leading to a cycle of continued spending in hopes of recovering losses [2][4]. - A player, referred to as Ms. Lan, shared that she spent over 30,000 yuan in three months, often feeling compelled to keep buying to minimize her losses [4][5]. Group 2: Legal and Ethical Concerns - Legal experts suggest that while the "福袋" activities exhibit gambling-like characteristics, they cannot be definitively classified as gambling without more evidence regarding the platform's profit motives and the nature of the transactions [1][17]. - The platform encourages players to share their winning experiences on social media, which may further entice others to participate, resembling a gambling environment [5][17]. - The platform has faced criticism from both buyers and sellers, with sellers also reporting losses and questioning the fairness of the prize distribution [7][9]. Group 3: Platform's Response and Regulatory Context - The platform claims to operate transparently and randomly, asserting that all probability rules are clearly stated, yet many users remain skeptical of these claims [8][10]. - A legal analysis highlighted that the core distinction between legitimate blind boxes and gambling lies in the nature of the goods and the transaction model, emphasizing the need for further investigation into the platform's practices [13][17]. - The platform has been criticized for not adequately addressing user concerns about the fairness of the "福袋" system, leading to calls for regulatory scrutiny [10][12].