As a social phenomenon almost simultaneous with the development of human civilization, gambling brings many destabilizing factors to society. As a lot of error exists in judicial practice to identify and crack down on gambling, a systematic theory of gambling research is of great significance. Here I will give my in-depth study based on three aspects of gambling.Part I : The objective gambling behavior. Three objective of gambling behavior were systematically analyzed. There is no united definition for "Gathered gambling" in the world. Even in our country, the different understanding also exists. In my opinion "Gathered gambling" means the activity of mobilizing and planning three persons or more to gamble in unfixed place. "Opening casinos" means the steady control of casinos by the behaving person. Gambling can be conducted through gambling machine, and it can also be conducted through the Internet gambling. "Gambling industry" refers to that gambling is the main source of income for life. This included people who have no formal employment or other legitimate income, and others who have job but take income from gambling as the main source of income. In criminal theory gambling industry is very committed, but some countries take "gambling industry" as a convicted Elements, and some take it as a punishment. "Gambling industry" for non-criminal gambling can handle the theoretical dispute, I think in our country, it can not be non- criminalized for quite a long period.Part II: Subjective of gambling. The subjective elements of gambling include the crime intentional and criminal purpose . Crime intentional is the union of crime will and crime awareness. Gambling awareness includes understanding for gambling behaviors and the results of hazards. Its will is the perpetrator of the harm results occurred with hope and the pursuit of attitude directly contributed to the results of such harm occurring, so gambling is a direct intentional crime. As the purpose-crime, Gambling is for the purpose of exploitation, which is outside of an independent subjective element and a specific criminal purpose of gambling for the distinction between the crimes or not. Thus, I made the in-depth analysis on profit determination.Part III: the problem of gambling identification. I analyzed the difference between gambling behavior and mass entertainment, gambling and general gambling violations, identification of unauthorized distribution of lottery sales, network gambling, gambling fraud, robbing casino, Mafia-type organizations gathered gambling, opening casinos and gambling for money-laundering. |