The Inquiry Of The Approaches In Criminal Law To The Differentiation Of Gambling Behavior

Non-criminal of non-victim crime theory has become a worldwide trend. We can not turn a blind eye for its powerful influence. Today, we build a socialist harmonious society. Based on national conditions of China, we made the Criminal Policy of Combining Punishment with Leniency. This policy is the expansion for our study of the non-criminal theory. There is still a number of victimless crime in Chinese criminal law, such as promiscuous gathering crime, gambling and other crimes. Theory and practice of non-victims of crime is providing a new perspective and dimension for our country's criminal justice theory and practice. In this paper, the author taking the theory of"Non-victim Crime"as angle of view as the guide of the criminal policy of combining punishment with leniency, in order to by victimless crime to the introduction of the gambling behavior theory for differentiation.Combination of judicial practice on gambling-related issues identified for further study. And made the proposal Legislation some proposition to Gambling crime in our country. This thesis is divided into four parts, and the abstract is as follows: The first part is the trend of decriminalization of victimless crime and gambling behavior. First, there is a brief description of non-criminal of non-victim crime theory, put forward by its background and legislative practice and put the introduction of a comparative analysis of national legislation, in order to provide a reference to the criminal legislation of China. After we know the victims of crime and the concept of victimless crime, construe the theoretical basis of victimless crime in our theory. It is consistent with the principle economy of criminal law of China. It is the choice of law about the conflict of interest. Also, it meets the needs of protection of human rights. Secondly, put a specific analysis of the differentiation of gambling behavior by the theory of"Non-victim Crime"as angle of view. In this part, described the meaning of gambling crime and the debate of crime and non crime. Finally, descript the limited criminal position of our country about the gambling behavior. Crime in gambling has many profound reasons. Laws and regulations in our country through acts of crime have also turned into gambling restrictions. It is a rational choice that when we choice the legislative policy must conform to China's actual.The second part is the evaluation of the gambling crime in the Criminal Law and its judicial interpretation. China's criminal law provides for gambling crimes. The Sixth Amendment makes the behavior of opening casinos stand-alone. Then set up the opening casinos crime. This is a reasonable legislative choice. But with the economic and social development, the existing criminal law about gambling provides exposed shortcomings. Also the judicial interpretation has many inevitably defects. It is necessary for its rational evaluation. First, make a rational assessment for the gambling crime and the opening casinos crime. Their objects are not clear, and the objective statements are not rigorous. So we should take the differentiated understanding of the"Gathering Gambling", and make a rational analysis about"Gambling industry", also make a full expression of"opening casinos". Unit was not provided in crime. The main provisions of the subjective aspects of"Commercial Purposes"should be reflected in the provisions of its statement. And the appropriate penalty has unreasonable settings. Secondly, comment the behavior of"Illegal Distribution and Sale Lottery". First of all to understand what is the behavior of illegal lottery. Based on the illegal distribution, make a comparative analysis about lottery crime and illegal crime and gambling crime .Then explain why we should be set up the illegal distribution and sale lottery crime separately.The third part is about the differentiation of the two types of gambling behavior and to introduce the qualitative description of gambling related crime. Gambling-related problem involves many aspects. This part only describes one of several typical problems. First of all, introduce the Criminal Law about the internet gambling. Both the costs and risks of internet gambling are low. It makes the time and space independent. And it is very subtle, and so on. These characteristics pose a challenge to traditional gambling behavior. Internet gambling is not random. Its behavior is also consistent with the general gambling behavior"Gathering Gambling"and"Gambling Industry". This is reflected in criminal law and its interpretation. Secondly, the introduction of gambling in the Criminal Code, which involved a huge amount of subject matter because the case detection very difficult and the casinos are controlled by the foreign forces. There are two forms of offshore gambling and set the appropriate conviction and sentencing standards by the judicial interpretation. Finally, introduce the qualitative description of gambling related crime. Mainly related to force gambling, fraud allowed gambling behavior, snatching taking gambling money gambling behavior and corruption.The fourth part is the perfection of the differentiation of gambling in Criminal Law. This part is in the above analysis based on the rationalization of the legislative proposals. First of all, unorganized gambling decriminalization is not a crime. Take the"Gathering"different understanding of different legislation. The organizers of the people simply did not gather crackdown against illegal gambling behavior can not be identified as"Gathering Gambling"behavior. It should be non-offended. Secondly, just gambling industry is not a crime. People are gambling for many times are individual voluntary acts. The requirement of the Criminal Law on the"Gambling Industry"is not clear and lack of judicial operational. Personal choice should not be forced interfere the Criminal Law. Finally, make a careful analysis of the gambling crime and to increase the unit as the main body of the crime. Firstly, set organization crime and"Forced Gambling Crime"and set the corresponding penalty. Increase the unit as the main body of this crime. The penalty set can refer to the existing law on"Gathering Gambling". And increase the scope of penalty. Reference to criminal law on forced prostitution, forced drug use, forced, forced employees to work, the provisions on charges of forced selling blood to set"Forced Gambling". Punishment can be forced under the circumstances specified in the above standard of the sentence type of crime. Secondly, to set"Set up, operate Casinos Crimes"and set the corresponding penalty. We should be changed"Open Casinos Crime"to"Set up, operate Casinos Crimes". And increase the unit as the main body of the crime. The penalty set can refer to the existing criminal law on"Open Casinos Crime". Appropriate to increase the statutory maximum sentence and expand the scope of fine. At last, set"Illegal Distribution, sale Lottery Crime"and set the corresponding penalty. Should be set"Illegal Distribution, sale Lottery Crime"separately. The penalty can be set with reference to foreign enactment of legislation.