Research On The Problems About The Crime Of Gambling

Recently, gamble in our country develop rapidly. Gambling is the extremely repulsive phenomenon in society. The crime of gambling jeopardizes the people's physical and mental health and stability of the society seriously, directly influence realization of the goal of"harmonious society"at present. But the research about gambling in our country is relatively weak, and the criminal legislation is backward, which causes many controversial issues in the judicial practice. So it needs to study and discuss thoroughly.In view of stern situation of the crime of gambling in our country and applying the principle of criminal law, this text try to analyses the concept and characteristic of gamble, and discuss whether gambling should be criminalized or decriminalized, prove the rationality of the current criminal legislation about gambling in our country. Based on the Constitution of crime, this text analyses the new gambling crime ,including"network gambling","the government functionary gambling","gamble beyond the border". Because of the complexity of the crime of gambling, it often causes the relevant crime of gambling. Reconsidering the judicial explanation, this text try to analyses"Establishing the wager trap for deceiving ","Robbing the wager funds return","embezzling and barbering public funds for the sake of gambling"and"taking bribe and Laundering money actually and secretly with gambling".At last, taking the applicability of judicial practice into consideration, combining the situation of our country and experiences of foreign countries, the author proposes that the law needs to be perfect in the crime corpus, the articles structure and penalty constitutions.