Research On Dercriminalization Of Gambling

Gambling has a long development history both in the East and the west. As a kindof entertainment, it is the reflection of human being's congenial psychology. Becauseof the huge impact which gambling will bring to the individual, the family and thesociety possibly or realistically, in various countries, the ruler mostly adopted thepolicy to prohibit it in the history. However, in the modern times, given to that thelegal prohibition from gambling is almost impossible as well as the economicalconsideration, many countries gradually let loose to the gambling blockade. In middleand later 20th century, decriminalization trend powerfully impelled decriminalizationadvancement of gambling.At present, the situation of gambling in China is somewhat serious and ourcountry basically adopts a prohibit policy to it, and many gambling (gaming) projectwhich is lawful in other country is unlawful in China. On the one hand, thedecriminalization advancement has started in various countries, on the other hand, thegambling unceasingly spread. Facing this kind of situation, what can we do? This isan issue which is worth of research.About criminalization or decriminalization of gambling, there is a hot argument.In this paper, the author stands in an objective standpoint, analyzes the concept andtype of gambling, expounds the theoretical basis of decriminalization of gambling,inspects the practice situation of decriminalization of gambling in the world. Then inthis foundation, the author reviews the domestic environment of gambling, studies the argument about criminalization or decriminalization of gambling and indicates hisown view, finally presents the proposal to the issue about China's decriminalization ofgambling.Concretely speaking, this paper is divided into four parts, amounting 43,000words, which contains footnote of 3,000 words.Part one: The outlines of Gambling. This part is the theoretical foundation of thispaper, mainly explains the concept of gambling and introduces the predominant typeof gambling. The concept of gambling mentioned in this paper is a generalizedconcept, which includes two behaviors: "attend gambling" and "facilitate gambling".In the world, it specifically includes simple gambling, lottery, guess game, casino andso on.Part two: Gambling crime under the trend of decriminalization. This part mainlydiscusses the theory and practice of decriminalization of gambling in the maincountries and districts of the world under the trend of decriminalization.Decriminalization of gambling, , conforms to the requirement of human being'spsychology, reflects the philosophical change from the safeguard of the society to thesecurity of freedom, also is intrinsic request of "ultimo ratio of penalty". The maincountries and districts of the world have already decriminalization advancement ofgambling in different aspects. However, decriminalization of gambling does not meanthat there are no regulations on it, it is decriminalization under the effectiveintervention of the nation.Part three: The discussion on China's decriminalization of gambling. This partdiscusses decriminalization of gambling basing on Chinese domestic situation, whichis the foot spot of this paper. The author firstly inspect on China's present situationand legislation of gambling; Then rationally observed the argument aboutcriminalization or decriminalization of gambling and indicates his own view, finallyput forward some proposal to the issue about China's decriminalization of gambling.