Research On The Gambling Crime

Gambling is incompatible with the modern civilization, and now it has been a noticeable social problem. So it is urgent to punish the gambling crime. However, the current legislation of gambling crime does not tally with the actual situation of gambling phenomenon in our society, and even has not given full play of its function of punishing gambling crime by criminal penalty.On the basis of analyzing the concept and phenomenon of gambling, the reason for punishing gambling crime, and the existing problems in current criminal law and related judicial interpretation thoroughly, the article proposes the legislative suggestion that the system of the constitutive elements of gambling crime should be improved. Gambling is the act of playing for stakes which are money or goods in the hope of winning. As the social harmfulness of gambling, the public power must interfere and punish such serious harmful behavior. However, there are some defects in our current law about gambling crime, so it should be improved.The article suggests that the related legislation of gambling crime should be improved in two aspects. Firstly, in the aspect of the constitutive elements system of gambling crime, five charges should be stipulated: crime of common gambling, crime of opening gambling house, crime of distributing and selling lottery tickets without authorization, crime of organizing gambling parties, and crime of gambling in internet. Moreover, the subject of gambling crime also should be improved. For example, gambling crime by juvenile and gambling crime by a unit should be stipulated. Secondly, the criminal penalty system of gambling crime should be improved. The maximum term of imprisonment for gambling crime should be improved, the public surveillance punishment should be canceled, and the sum of criminal fine should be aggravated.