A Study On The Application Of Criminal Law In The Crime Of Offering Casino

In recent years, with the economic growth slowing down in our country and entering the period of the New Normal, the market competition becomes fiercer. The various walks of life are facing the adjustment of strategy of the management. Driven by the huge benefits of opening gambling casinos, some units and individuals ignore the law and still open the gambling casinos. As a result, illegal gambling activities have shown the high incidence of the state. The behavior of opening casinos is separated from the gambling crime, in the newest criminal law bill for amendment in 2006, and stipulate “the crime of opening casinos” this accusation alone. It makes legislation more sense and makes the criminal law of combating the gambling crime more close.Although the relevant authorities spare no effort to promote the process of legislation, it is contrary to what one expects that when facing the complicated gambling crime phenomenon in reality, the regulations about opening casinos in the current criminal law are relatively superficial. Also, the government doesn’t issue the systemic judicial interpretations. The defects of the crime of the opening casinos exist in the judicial determinations and legislative structure such as the main scope of opening casinos, the objective debate of opening casinos, the denotation and connotation of casinos, the conviction of the accomplice of the crime of opening casinos, the conviction of the special form of the crime of opening casinos, the conviction between the opening casinos and the normal business behavior, the conviction between opening casinos and gambling crime which is the gathered gambling, the conviction between opening casinos and the crime of fraud, the conviction between opening casinos and the crime of illegal business operations, and the troubles from the judicial application. They cause the conviction and sentencing will be more arbitrary. Whether the man commits a crime, what kinds of crime he commits and the punishments, etc in similar cases is quite different, even leads to imbalances of the law. Therefore, it is necessary to illustrate the problems and puzzles theoretically, put them into practice and make conclusions so that the legislature and the judiciary can be improved. Also, the gambling crime can be cracked down effectively. The society will be more harmonious and honest.The thesis is divided into three parts to illustrate the application of criminal law of opening casinos. For the first part, it is the summary of the crime of opening casinos, the definitions of gambling and the crime of opening casinos and the introduction of the law making legislation of the crime of opening casinos at home and abroad. For the second part, it introduces the constitution of the opening casinos and comprehensively analyzes the subject of crime, the subjective aspect, the object of crime and the objective aspect of opening casinos, which will lay the theoretical foundations for the analysis of the specific crime phenomenon. For the third part, it is about the difficulties in the application of the crime of opening casinos. First of all, Through the combination of law and the cases, it mainly analyzes the differences between the normal business behavior, the crime of opening casinos and gathered gambling, the crime of opening casinos and the crime of fraud, the crime of opening casinos and the crime of illegal business operation. Then, it analyzes the conviction of the special form of the crime of opening casinos. Finally, it analyzes the difficulties in the application of the crime of opening casinos.