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Constitutional Analysis Of Legislation On Gambling

Posted on:2012-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:B ChenFull Text:PDF
GTID:2216330338971488Subject:Law
Abstract/Summary:PDF Full Text Request
Recently, the legislation on gambling mainly includes the provisions of Article 70 of the Security Administration Punishment Law and Article 303 of the Criminal Law. According to combining with the principle of proportionality, the equal protection principle and the principle of clarity and definiteness of law in the theory of Constitutional Jurisprudence, the author exams the provisions from a constitutional perspective. The results which bring a lot of trouble in judicial practice show that two provisions are in conformity with the principle of proportionality and violate the principle of clarity and definiteness of law. The provision of Article 303 of the Criminal Law violates the equal protection principle. Because in the gambling offences, the unit can be the subject and the national staff should be given a severer punishment, which have not been covered by the law. In combination with all of the results mentioned above, the author points out the disadvantages of the present legislation and gives some advice of perfecting the gambling offences from a constitutional perspective. This thesis consists of the following four parts:Part one introduces the theoretical foundation of the topic researched, the research status, the research ideas and innovations.Part two is an introduction of foreign legislation model of gambling. This part discusses the definition and characteristics of"gambling"firstly. Then introduce foreign legislation model of gambling . There are mainly two kinds of patterns: one is criminalization, another one is decriminalization. It introduces to foreign legislation and draws useful lessons to perfect Chinese laws. Where after introduces History evolution of Chinese model of legislation on gambling and shows rationality of Chinese current legislation model of gambling.Part three firstly sets forth the reason of Chinese present legislation on gambling by the way of using the theory of constitutional jurisprudence to exam .And then it adopts the principle of proportionality, the principle of clarity and definiteness of law and the equal protection principle in the theory of Constitutional Jurisprudence to exam the provisions of Article 70 of the Security Administration Punishment Law and Article 303 of the Criminal Law.Part four directs against the weakness of Article 70 of the Security Administration Punishment Law, the author gives some advice of perfecting the crime of gambling offences from a constitutional perspective. Mainly including the regulation of Article 70 of the Security Administration Punishment Law, we should make clear concept of"with a view of profit"and"gamble amount is larger". And in view of Article 303 of the Criminal Law, stipulation of"Makes gambling his business"should be deleted, implication of"establishes a place for gambling"must be make clear, at the same time, the unit can constitute the crime.
Keywords/Search Tags:legislation on gambling, the principle of proportionality, the principle of clarity and definiteness of law, the equal protection principle
PDF Full Text Request
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