Criminal Law Analysis Of Lottery Sales "Drop"

Along with the development of the while lottery sales soar, brought about by the huge benefit to the lottery attracts 10 million color fan, in real life, lottery betting station management personnel (hereinafter referred to as the "sales personnel) is also the color most fans many of the sales staff in order to satisfy the interests of their heart, convenient buying their own lottery tickets, managed to get the corresponding betting stand right, Make them from the homeless people into fixed color fan but in great benefits temptation, driven by because its stretch one's hand can vote of convenience, the speculative psychology can release more big. And so, in fluky psychology, driven by the lottery sales personnel and some regardless of legal norms and rules of the industry, and by our own business bet the machine a lot to the state lottery, dropped lottery management order bring serious damage. Also, while some of the behavior person wasn't winning, unable to be returned to the country of purchase colour, caused great material loss.However, at present, China's legal system for the lottery industry rules is not perfect especially in the sales team dropped the qualitative aspects of behavior, the judicial practice and theory is very controversial. Some scholars think that such behaviour was not serious enough to constitute a crime, but the civil contract, reason is according to the behavior, can't because of the principle of a legally prescribed punishment actor huge amount its dropped into crime processing, and with the austerity of criminal law, also can not make a defendant adverse "analogy". So the criminal law regulation, it also can't use to evaluate the behavior of the criminal law, other applications can; the legal adjustment And the judicial practice, most of the behavior of the criminal law court application made evaluation, and the reason for the behavior is: has serious legal interests invasive, And the crime with the subjective intent sex, so should enter sin and deserves to be the criminal law in the current criminal law, evaluation, this sort of behavior and the deficiency of the regulation in the judicial practice this different treatment against crimes punishment, also go against legal system's unification.In this, the author of this case actor's behavior analysis, major is based on current theoretical involved in such cases and reflect of related problems on the basis of the research, First concrete analysis in this case the behavior of actor main body behavior itself profit violation of sexual behavior law benefits and the criminal law on the non-invasive assessment of the breakthrough point and whether or not the application evaluation necessity of the criminal law; Second from the crime constitution theory to analyze the behavior whether accord with our current criminal law on the crime of this case, and the regulation of the disputes, summarized the views and comments; Finally the paper in the judicial practice in such cases of the specific treatment and related legal principle of the criminal law, and puts forward the behavior of the case of qualitative actor on the understanding and knowledge, and then puts forward in such cases reflects the problems related preventive measures and treatment countermeasures.