On The Confirmation Of The Crime Of Gambling And Legislative Perfection

Gambling is the result of the history of human society, and gradually evolves into a kind of bad social habit and criminal activity. In recent years, all kinds of crimes of gambling spread, which severely harm social stability and economic development. At the same time, this kind of crime becomes the nursery of other crimes. But stipulations about the crime of gambling in the criminal law of our country are imperfect, so that difficulties are brought about for the confirmation and handling of the cases concerning the crime of gambling in judicial practices. This thesis is aimed at the general survey of this crime, and suggestions are presented for the legislative perfection of the crime of gambling in our country from the deep discussion about the confirmation of related problems of the crime, combining judicial practices. This thesis is divided into three chapters, and the abstract is as follows:Chapter one is a general survey of the crime of gambling. First, the evolution of this crime in our country is introduced from the production and evolution of the form of gambling to the production and development of the legal system for the control of gambling. Second, gambling activities and legal control in other countries and regions are analyzed. Their criminal legislations are reflected by two kinds of situations for the influence and constraint of social system and historical, traditional factors toward law. One is that there is no stipulation about the crime of gambling in criminal law; the other is that criminal laws stipulate the crime of gambling. The author exemplifies and introduces the countries and regions with the two situations respectively and analyzes their general theories. Two kinds of legal interests for the protection of the crime of gambling in the countries and regions in the continental law system which stipulate the crime are analyzed. They are social legal interests and individual legal interests. At last, the author analyzes the activity of gambling from the definition of gambling. According to article 303 in our Criminal Law for the concept of the crime of gambling, and the four formative necessities of the crime, it is believed that the study of the concept of this crime should center on the four formative necessities.