Analysis Of "Zhangminhao Bet Lotteries With No Paying Case"

In recent years, with the vigorous development of China's lottery industry, social welfare lottery, sports lottery and other forms of lottery tickets continue to enter into people's vision. There are many large and small lottery sales points standing on the sides of the streets. However, due to the lack of the specific regulation of China's lottery industry laws and deficiencies of regulations and management, lottery criminal cases occur frequently. Such behaviors not only cause economic losses to our state, but also destroy the order of lottery management and lottery publication. So they should be severely punished. However, our lottery-related legislation is imperfect, resulting in considerable disputes in theoretical circle and practical session about the characterization on such cases.In this essay, a case of "zhang minhao bet lotteries with no paying", which happened in September 2007 and caused lots of controversies at that time, is selected. This is a typical case of "lottery consignees bet lotteries with no pay". For the characterization on this case, there are mainly following dealing advices: the crime of misappropriation of funds, embezzlement, contract fraud and does not constitute a crime. This paper will analyze these four different views and the parties'behavior in-depth:to analyze the elements of the crime of misappropriation of funds, embezzlement, contract fraud concretely and demonstrate that the defendant's conduct in this case cannot constitute these three kinds of crime. To deal with this case, a suggestion is put forward in this paper, that is:Such cases are particularly different from other cases in the aspects of subject, object and objective aspects of crime, according to the principle of legality and the principle of prohibition of analogy, the defendant does not constitute a crime in accordance with the current criminal law. The deficiency of China's criminal law in the aspects of regulating lottery crime is pointed out in this paper. Lottery legislation needs urgent improvement. There should be special provisions about lottery crimes. In the end, this essay put forward some measures to prevent lottery cases, such as we should establish some special institutions to monitor the lottery market, improve lottery-related laws and regulations and strengthen supervision of the lottery industry. Thereby, lottery crimes will be kept away to some extent and lottery market will develop healthier and more orderly.