The Dilemma And Paths Of Application Of Criminal Law To Lottery Related Cases

Recent years, cases related to lottery, such as illegal issuing and sales of lottery, occurred frequently in China. However, due to the bifurcation on the understanding of current law and the incompleteness of relevant laws, the departments of justice are often put into an embarrassment when dealing with this kind of cases.Firstly, the judicial dilemma of dealing with lottery related cases. This essay, starting with the detail cases, elaborates the bifurcation on the understanding of lottery and with consequent analysis, we define it as follows: Lottery is a kind of special goods the governments issue to raise public welfare funds. People buy it voluntary for the purpose of getting an opportunity to win a prize. It is also a kind of securities which has the nature of national-monopolized, public benefit, aleatory, unregistered, expectant and property. Accordingly, we discuss the cognizance of the cases analyzed in this essay and point out the unreasonableness on the circumstance of current laws.Secondly, the current lottery operating mechanism and related law imperfection. The judicial dilemma of executing criminal law on lottery relevant cases reveals some of the imperfection of current criminal law. To begin with, lottery related laws are laggard and the legal significant of lottery is ambiguous. Furthermore, there are laws issued by more than one institutions which have the similar efficiency. The Ministry of Finance, the Ministry of Civil Administration and General Administration of Sports of China are all the supervisors, resulting in a limited and inefficient administration supervisal. Finally, vacancy in law for lottery related cases.Thirdly, how to get out of the embarrassment situation of dealing with lottery related cases. We should not only unscramble and make good use of the current laws and regulations, but also improve lottery related laws including the criminal laws. Moreover, the regulation on lottery should cohere to the criminal laws. We should establish our lottery related laws on the basis of our own national conditions and make good use of our law resources.