On The Crime Of Gambling

As a social phenomenon,gambling is the product of the history of human.In recent years,as a unhealth product,all kinds of crime of gambling are growing,which severely harm social stability and economic development.At the same time,this kind of crime becomes the nursery of other crimes.As a lot of error exists in judicial practice to identify and crack down on gambling,also the law about gambling is out of the time,a systematic theory of gambling research is the need of judicial practice and the request of the pinciple of "no law,no Penalty".With the method of contrast and analysis,this thesis is aimed at the general survey of this crime,and suggestions are presented for the legislative perfection of the crime of gambling in our country from the deep discussion about the confirmation of related problems of the crime,combining judicial practices.This paper is about 30000 words and divided into three parts.Part 1:Generality to crime of gambling.The first part defines the concept of gambling from the reaserch of history and mordern time.Then the paper shows the harm of gambling. Then,the evolution of this crime in our country is introduced from the production and evolution of the form of gambling to the production and development of the legal system for the control of gambling.At last,gambling activities and legal control in other countries and regions are analyzed.Part2:Cognizance of crime of gambling.First of all,the author interprets the laws which prescribe the crime of gambling by criminal law and judicial interpretation from "aiming at profit","opening casinos","gambling as a profession" and "collective gambling"four aspects.The author analies the differece between gambling behavior and mass entertainment,gambling and general gambing violations based on common people's idea. Then the author pays attetion to the demarcation of gambling crime and related crimes.The circumscription of "gambling crime and fraud","gambling crime and robbery","gambling crime and bribery" has been reaserched.For the confirmation of this crime and that crime,the confirmation of the way of gambling and the confirmation of other crimes educed by gambling,Judicial practices should be taken according to the stipulations in the criminal law and other related judicial interpretations.The formative necessities of related activities should be considered synthetically.Concrete analysis should be made for concrete problems.In the problem of common crime of gambling,the question that the employees in the gambling house and the people who offer conditions or help for the crime of gambling can be pulished the confirmation of the crime of gambling or not has been reasearched.Part 3:Legislative improvement of crime of gambling.The third part studies legislative improvement of crime of gambling from counts and punishment aspects.In counts aspect,the author expresses the vision of change courts of crime of gambling."organize gambling" takes the place of "collective gambling",and the number of people been collected sees as plot of sentencing.The author advises that"gambling as a profession"be non-criminalized.We can treat them through regulations regarding public order administration or re-education through labour.The author advises that unauthorized distribution of lottery sales change into the counts of crime of gambling.Units can be the subject of crime of gambling.In the problem of legislative improvement of crime of gambling from punishment aspects,the author advises that provision of depriving political rights and the penalty of confiscation of property which can deter the people who join in gambling should be added.We should increase free penalties in the application of the gambling crime.And the range of free punishment should be increased.Agravating circumstances'adding has been studied,for severe sriking to the crime of vile gambling,such as organizing civil servants to gambling in outside,organizing impubes to join in gambling,and so on.