Gambling Crime Analysis

As a social phenomenon, gambling has a long history, which almost simultaneous with the development of human civilization. However, we can say that the history of gambling is also the history of prohibiting gambling. Gambling is considered one of the social effects of pollution, in our country. The government basically adopts a prohibitive policy to it. Unfortunately, all kinds of crimes of gambling spread quickly during these years. Increasingly new means, unceasingly growing participants, ever-expanding gambled amounts which severely harm social stability and economic development. At the same time, this kind of crime becomes the nursery of other crimes. After the process of nationwide blow on gambling crime that were sponsored by the government in 2005, the lag of legislation on gambling crime became more and more apparent. There were a lot of problems such as the identification of accomplice and capital concerned with network gambling, the blank of gambling crime legislation against the issue and sale of lottery. The author analyzed the situation of the Criminal Code of PRC and suggested to reconstruct the crime of gambling. In practical, the demarcation between gambling crime and related crimes are always confused. The author has made some comparisons and analyses on some of the most common gambling crime.The author does a study with the comparative methods and the instance methods.The content is as followed:Part 1 The summary of gambling. After analyzed the concepts and kinds of gambling, we knew that we had different views on the attributes of gambling. Based on the different views, we divided the kinds of gambling into two parts. One is playing game, the other is making profit. From the concepts of gambling, we made the conclusion that gambling has two basic characters. One is that the subject-matter is property or profit of property, the other is the uncertainty outcome. The author also analyzed the concept of lottery and considered that there are same common points between gambling and lottery. At the sometime lottery is different from gambling. The meaning of such compare is to make a clear distinction between gambling and lottery.Nowadays it's in a banging time with gambling, which have become a global issue. For the gambling, the nations take various attitudes such as openly allowing it, and only banning unlawful gambling actions though their provisions of gambling crimes in criminal law. The article shows that, one of the strong arguments of decriminalization of gambling, which gambling has any positive effect is a mistake. Gambling is not only can't increase the wealth but also brings lots of trouble to our country in essence. The crime of gambling destroys the legal benefits, the order of social administration and Chinese socialist market. Strongly supported by the criminalization of gambling, our government will keep the policy that forbid gambling unhesitatingly,Part 2 The identification of the crime of gambling. It's the core of the thesis. The author analyzed the four elements of the crime of gambling. The article shows that the object of gambling is complex which contains the order of social administration and Chinese socialist market. The author insists on investigating the head in gather-gambling. The money using in gambling must be formalized and ascertained. Gather-gambling and opening casinos were differentiated in this part. It's difficult to cognizance the joint offence in the crime of gambling. We can cognizance it by follows strictly the article 4 of The Interpretations of the Supreme People's Court and Supreme People's Procurator ate about Some Issues Concerning the Application of Law in Gambling Criminal Cases. As the purpose-crime, gambling is for the purpose of exploitation, which is outside of an independent subjective element and a specific between the crimes or not. However, the effect of the for-profit purpose didn't run well. The author suggests cancel the for-profit purpose in the article of gambling.In the part of the crimes concerning gambling, the author analyzed same crimes concerning gambling, such as crime of fraud, crime of robbery and opening casinos. The crime of opening casino is a new crime, which newly is setup by Supplementary Provisions III of the Supreme People's Court and the Supreme People's Procurator ate on the Determination of Crime Names in the Enforcement of the Criminal Law of the People's Republic of China.Part 3 The two new type of gambling, network gambling and lawless lottery. Network gambling breaks the traditional pattern of gambling though it is gambling or opening casino in essence. Pay attention to the differences between network gambling and opening casino. Network game is virtually a kind of gambling. It conforms to the basic characters, which the subject-matter is property or profit of property and the uncertainty outcome.It's known that underground lottery is lawless. However lots of people have different opinions on the cognizance of issuing and selling lottery illegally. The author suggests setting up the crime of issuing and selling lottery illegally.Part 4 Something about conceiving legislation of gambling. The article shows that we can use foreign legislation for reference, because it's hard to define the meaning of living on gambling. The author advises setup the crime of gambling frequently. Pay attention to gambling by unit. The author suggests affirm that unit can become the subject of unit crime in law.