Several Issues On Study Of Gambling Crime

Gambling has a long history. As a social and cultural phenomenon,gambling went through various changes during thousands of years of history in China. China has always attached importance to the gambling ban because it harms both gambling individuals and their families, corrupts social values and breeds other hazards social behavior. Gambling is committed legal,which is different from natural committed such as murder and rape. With the progress of the society and the changes of people's thought, the problem whether gambling is substantively a crime or not has become the focus of the debate. In the legislative choice of defining gambling as Criminal or non-criminal, we take the position of "selective Crime". We prohibited most gambling activities strictly, and, as for newly existing gambling, various means shall be used to regulate and strike it.Compared with traditional gambling, the gambling in modern time has greatly expanded in forms, tools and the number of people involved and the amount. With the increase of its harm to the society, the existing Section 303 of the Penal Code no longer meets the real needs, and related judicial interpretation of the law can not make up for deficiencies. Therefore, we need to make further research on Section 303 of the Penal Code. This paper is divided into three parts:First, General Research on gambling.In this part, the author first defines the meaning of gambling, introduces the history of gambling and analyses the current situation and the characteristics of gambling. Section Two compares and analyses the crime or gambling, and finally defines gambling to be a minor offense. However, it could become a crime in serious cases of gambling. Therefore, in the choice of criminal and non-criminal, our position is "selective Crime". Discussed in section III of the Criminal Code on gambling is the regulatory system, which are primarily the laws and national policies from the regulatory system. Along with the social development, Internet gambling and gambling outside China by national staff become the new issues, the characteristics of which are analyzed in this Section and legislative suggestion to Criminal Code are provided.Second, the problems that exist in Gambling Legislation of our countryThis component is the focus of this paper. The Main legislative deficiencies of Gambling are as follows: Firstly, criminal behaviors are not regulated rigorously. The scope of the criminal acts regulated in "Gathered gambling" are broader than reasonable. The conception of "gambling industry" is not clear and it is hard to practice in judicial work. Secondly, the crimes system is not reasonably set forth. Gambling is a"pocket crime". It is too broad and single to define three different acts in essence, including gathered gambling, opening casinos and taking gambling as profession, collectively to be one criminal act. Thirdly, the scope of criminals is not clear. From the nature of the gambling acts and the current social situation, the unit could conduct gambling activities. However, the Criminal Code has no provision regulating that unit can conduct gambling activities. Employment in casinos and on casino gambling within loansharking constitute the mainstay, which is a simple question, but it may cause some confusion in judicial practice if it is not clarified. Fourthly, the subjective element of gambling, I believe that for-profit is in line with the spirit and the basic principles of criminal law. However, it can not cover all types of gambling, one reason of which is that it is difficult to grasp the subjective identified difficulties, and it needs to be judged according to objective circumstances. The second reason, if for profit, some gambling crimes can not be identified. Many of the adverse psychological gambling mentality exist other than for profit. For example, the subjective state of mind of staff exit gambling is not necessarily aimed at making profits. The third reason is that the real gambling boundaries shall be that between illegal gambling and gambling crimes.There are also drawbacks in the establishment of the penalty system. I believe that gambling did not set up a penalty for the crime compatible; Sentence is too low to effectively stop crime; Penalty did not have a unified standard, which in practice grant the judges too much discretion.Thirdly, the suggestion for gambling legislation.This is also an important part of the paper, and it is author's innovation. To perfect a crime is difficult which involves system structures. Only when the four constitute of a crime are all considered, and they are perfectly combined with penalty system, it can be called Reconstruction.As for the main gambling, the author suggests to put units into the area. Because of the objective existence of the unit gambling, which causes greater harm than the individual, it was necessary to determine if any firm, enterprise and institution, in name of the unit, collectively decided to invest in gaming industry, and conduct gambling act in violation of related regulations, it should take related criminal responsibilities. Through objective scrutiny of gambling, we can find that the regulation for gambling behavior is unreasonable, and the criminal system is unscientific and needs to be reframed. The specific idea is to form the three charges. One is the ordinary gambling. General gambling is gambling gathered in a public place, disgusting behavior or gambling and the enormous amount of behavior. The second is opening casinos, referring to taking profit as purpose, providing conditions for gambling and receiving clearance charges. Third, the gambling industry is the crime taking gambling as his ordinary business, and gambling has become the main source of economic resources, or overspending, living with gambling.The improvement of the system of penalties for gambling include the following: firstly, to increase the maximum penalty of gambling crimes and the criminal sentencing range of gambling. Secondly, increasing the application of criminal fine in a gambling crime.