Research On Legislation Gambling Crime

As a special social and cultural phenomenon in China, Gambling has a deep historical and cultural background. Due to its serious social detriment,gambling is banned in every dynasty in China in order to maintain social stability and consolidate the dominance of rulers. However, it still exists in modem society though it has been prohibited for dynasties. Illegal gambling activities go against the mainstream of China's socialist society, culture, values, good social habits, and the construction of harmonious society. It encourages thinking of earning money without working, and does harm to family harmony, healthy development of the market economy, and social stability. According to Provisions of the Criminal Law 303 in China: Profit-oriented, people gathered gambling or as gambling for inheritance, shall be sentenced to fixed-term imprisonment of criminal detention or public surveillance and shall also be fined. The open casinos shall be sentenced to fixed-term imprisonment of criminal detention or public surveillance and shall also be fined: In serious cases three to ten years imprisonment and a fine. The descriptions in the law are flawed in legal punishment and criminal fines to the behaviors about "career of gambling ","gambling "and "opening casinos". With the development of social, the way of gambling becomes diverse. Therefore the Criminal Law 303 can not meet the needs in new situation because of the emergence of Internet gambling, underground gambling and cross-border gambling. Moreover, it also can not accurately criminate and mete the emerging gambling, which has become a crime problem that goes against the cracking down on gambling. The documents of《Gambling on the Application of Laws in Criminal Cases of issues of interpretation》and《Treatment about Internet Gambling Application of Laws in Criminal Cases views》have been introduced by the Supreme People's Court, Supreme People's Procuratorate and Ministry of Public Security, which play positive role in guiding the judicial practice. But they can not completely solve all the problems of gambling crime. As a result, there are some needs to make it perfect. Thus, focusing on the flaw of provisions of gambling crime, combined with"The principle of social defense","Criminal law the principle of Modesty","The principle of combining punishment with leniency"and"The principle of balanced offense", the writer of the essay will propose recommendations on perfect Legislation of Gambling by comparing with the law of Hong Kong, Macao, and foreign countries.