Study On The Construction Of The Crime Of Illegal Football Gambling

With economic development and continuous progress of human society, sports has become indispensable in the social life of the part, but as the world's first sport of football development in China has struggled for several years, progress is slow or even regression trend, while the root cause of this is football, led by betting "gambling, fake, black" and vices. This has caused the people of the CPC Central Committee attaches great importance to the National anti-gambling hitting the turmoil has reached an unprecedented height. However, in judicial practice, the regulation of gambling behavior is not perfect, in many cases the existing penalty system should not be punished. So I envisage construction of the illegal gambling offense, gambling control act to make up the current applicable legislation to be defective. This article discusses the construction of the three parts of the crime of illegal soccer gambling problems:First, an overview of the crime of illegal gambling. Soccer gambling in China has in recent years of history, from the Yuan Dynasty began to have a detailed record, the modern "gambling" into the mainland from Macao and Southeast Asia is a huge and nature of the poor against gambling, but because of its exceptional in the field Also with fraud color but because of its special and with fraud in the field of color, and is therefore usually significantly different gambling activities there. Modern soccer gambling in a new guise, but its essence remains unchanged, betting on games of hazard has grown along with its own growing, its match-fixing, Referees, match-fixing, and some organized crime, economic crime, becoming increasingly close. The Chinese Football root of today's confusion is what is gambling, which has caused great concern in the central leadership. By the end of 2009, the State Administration of Sports, Ministry of Public Security, Ministry of Civil Affairs and other 12 ministries to attack, so that anti-gambling anti-climax to an unprecedented crisis. However, China's current Criminal Code and the regulations there is no specific law system of gambling behavior, and the existing methods used there are many loopholes in it, therefore, the crime of illegal gambling building of great significance. I believe that the concept of the crime of illegal gambling:to set up illegal soccer gambling-profit organizations, gathered to illegal soccer gambling soccer gambling or betting agencies, as well as large amounts of long-term participation in gambling or gambling for the industry and use income as the main source of income behavior.Second, the crime of illegal gambling conviction reasons. The crime of illegal gambling to be an independent count of the first to meet the criminal law the concept of crime, followed by the great harm of this crime does not regulate difficult to maintain social order and the third related to the existing Criminal Code charges can not punish the criminal acts. The crime of illegal gambling has social harm, criminal law and should be punished for criminal sexual characteristics have been involved in the conditions. Also, a huge illegal gambling harm:(1) Serious damage to China's illegal soccer gambling economic order. (2) Illegal gambling has become an international money laundering as a means of another. (3) Illegal gambling can lead to match-fixing, Referees and match-fixing. (4) Caused by the illegal soccer gambling soccer commercial bribery. (5) Illegal gambling caused the personal security of athletes. (6)Illegal gambling caused athletes and club development. (7)Restricting the illegal soccer gambling soccer development and progress of China. (8) Illegal gambling hurt the feelings of fans, tarnishing the image of Chinese football. But China's current Criminal Code, and judicial interpretations, does not act against illegal soccer gambling enacted provisions, although the judicial practice can be applied to gambling, crime to open casinos, and sports law reference to the relevant provisions of punishment, but to regulate gambling ball behavior has serious deficiencies:(1)Not provided or is not gambling and gambling industry, but often a huge gambling money gambling or investment and use it as the main source of income for human subject of the crime of gambling. (2) Of the Criminal Law of the crime and the creation of the crime the punishment was too light gambling, illegal gambling resulted in criminal guilt can not meet. (3) Illegal gambling involves a special area, the existing criminal law in this area has. (4) The relevant provisions of law over the principles of sports, lack of real operational. Therefore, the introduction of the Criminal Code the crime of illegal gambling is imperative.Third, how to identify the crime of illegal gambling. This section is divided into three areas to discuss, the first part constitutes the crime of illegal gambling, (1) the performance objective set for the illegal gambling organizations, gathered to illegal soccer gambling soccer gambling or betting agencies, as well as large amounts of gambling as a career or long-term participation in gambling and use income as the main source of income behavior. (2) of the subjective performance of illegal profit for the purpose of subjective deliberate, that is, know that their acts were set up gambling institutions, organizations involved in illegal gambling behavior in order to obtain the benefit of gambling and, therefore, hope or allowing other the occurrence of relevant results. (3) of the main subjects that are normally open all gambling institutions, organizations, many participants, the greater the amount of betting gambling institutions to gambling as the industry, long-term gambling and use income as the main source of income who are within its scope, including natural persons and units. The second part is the penalty for the crime of illegal gambling set. I believe that the crime of illegal gambling and fraud should be combined with the light of the relevant provisions of the design of gambling offenses. Therefore, the specific crime of illegal gambling penalty:"for-profit set up illegal soccer gambling institutions, gathered to illegal soccer gambling soccer gambling or betting agencies, as well as large amounts of long-term participation in gambling or gambling for the industry and use income as the main source of income, three years imprisonment, criminal detention or control, be fined; large amounts, or other serious circumstances are involved, three to ten years imprisonment and imposed a fine of five-to tenfold gambling money; huge amount or other especially serious circumstances, term imprisonment or life imprisonment, and impose a gambling money five times to ten times the fine or confiscation of property; constitute a unit of betting, the confiscation of gambling money and impose a fine of five to ten times, with direct responsibility executives and other key personnel directly responsible for handling in accordance with the crime of illegal gambling. national staff involved in gambling, the organization, to lure minors for gambling shall be punished severely. "The third part is the development of illegal gambling causes crime penalties. Design of the crime of illegal gambling is not no reason to upgrade the blind pursuit of legal punishment, but in the light of a number of relevant provisions of the legislation needs to be upgraded with reality after the completion of the technology. Including (1) reference to the crime of illegal soccer gambling casino gambling and crime and the creation of the crime set. (2) the crime of illegal gambling were set with reference to defraud. (3) the crime of illegal gambling in the heavier punishment. (4), the crime of illegal gambling distinction between crime number.