The Research On The Decriminalization Of Gambling

Gambling has 5,000 years of history in the world, and it has experienced different development and has a different situation in China and the Western laws owing to a different traditional cultures. China strictly prohibits gambling with penalties, but in vain, and many Western countries hold an open, tolerant attitude on gambling and we can learn lessons from the resulting access to the social effects. Gambling is a social and historical cultural phenomenon. From a philosophical point of view, it is an inevitable historical phenomenon, hence its existence is reasonable. From a psychological point of view, gambling is unconscious appearence with objective social factors, but also a displaying form of human self-realization and from a sociological point of view, gambling is an objective fact with substantial character and it is the product of the subculture.From the above discussion of three aspects we come to know that gambling is a practice to correspond to the human spiritual desire, and it is an objective fact with a long history of cultural root, so it is a justified existence. The reasons of the decriminalization are in the criminalization. From the vale pursuit of criminal law's modest and restrained, it is reasonable to get rid of gambling from criminal law. The legally prescribed punishment for a specified crime substantially requires appropriate on the content of the Penal Code , and gambling activities by the penalty is not appropriate .The function of criminal on restricting the penalty and protecting civil liberties also requires decriminalization of gambling. Gambling activities does not infringe on the specific legal interests , so it does not have the substantive characteristics of crime. From the punitive and preventive of penality , it is not just to penalize gambling. The unity of the Penal Code would also requires decriminalization of gambling. After decriminalizing gambling , it is feasible to rule gambling with the regulation of moral and administration. At the same time we should pay more attention to the important effect of education on gambling activities.