Investigation Of Legislation Of Gambling Crime In China

Gambling is opposite to civilization and becomes a severe social problem. Restriction of gambling crime has become an urgent affair. However, legislation of gambling crime in China doesn't accord with the facts and doesn't exert its expected function on punishing gambling crime.In this thesis, the definition of gambling, the social phenomenon of gambling and the reasons for punishing gambling as well as the problems existing in the provisions concerning gambling crime in the Chinese Criminal Law are discussed. Based on these discussions, assumptions of criminal legislation with regard to composition of gambling in China and consummation of the punishment system are proposed.The author considers that gambling is a behavior intended to win a competition with properties as stake. Gambling is harmful to the society so that the government must intervene in it and punish those who participate in gambling that would severely harm the society. Nevertheless, regulation concerning gambling crime in current China's Criminal Law is deficient to some extent. Therefore, it is necessary to establish new legislation in order to improve it.The author puts forward two aspects of assumption concerning consummating legislation of gambling. With regard to the composition of gambling, gambling crime can be separated into general gambling crime, crime of setting up gambling place and crime of secretly issuing and distributing lotteries. The external aspects of every crime are defined and analyzed in the thesis. Simultaneously, the author believes that the principal parts of gambling also should be improved. Young persons' participation in gambling, units' gambling crime and national public servants' gambling crime should also be regulated.From the viewpoint of punishment of gambling crime, the author considers it should increase the maximal term of imprisonment and abolish observation punishment as well as improve the amount of penalty in gambling crime.