Research On Decriminalization Of Gambling

Under the influence of the global wave of legalized gambling andthe trend of victimless crime decriminalization, more and more countriesopen gambling. China as a country didn’t open gambling suffers moreand more harms from other countries. The casinos of neighboringcountries, even as far away as the United States of America Las Vegashave targeted the Chinese market. China’s economic and social benefitssuffered and suffering great damages. Therefore, Chinese urgently needto change their attitudes to gambling, and to seek a new reasonableregulation path of gambling.Through the theoretically describe and analyze of gamblingcriminalization and decriminalization, we can conclude that China’sgambling should be limited decriminalization on the basis of the presentsituation. And on the base of this conclusion, we can explore the reasonable regulation ways of gambling from the level of social practiceand legislation.This paper is divided into three parts:Part one, the current status of gambling at home and abroad. Thispaper describes social status and legislative situation of gamblingseparately. First,introduced the trend of the global gambling. Since theseventy’s of last century, many countries have risen a wave ofgambling legalization in order to protect their own interests. Then,summarized the legislative situation of foreign countries, Hong Kong,Macao and Taiwan regions divided into three categories. Last, throughthe analysis of the new characteristics of China’s gambling,clarify the social situation of China’s gambling, and made an introductoryof our country’s gambling legislation.Part two, the argue between the criminalization anddecriminalization of gambling. After the analysis of domestic and foreign status, this part gives the theoretical elaboration on the criminalizationand decriminalization of gambling, and emphasis on the the reasons forthe decriminalization of gambling. In the first place，this part elaborats thereasons for the criminalization of gambling.Gambling behavior harmsthe social order, infringes good morals, easy to cause secondary crimessuch as theft, fraud and another. Moreover, cross-border gamblingseriously harm China’s economy. So that, gambling should becriminalized. Then discusses the basis of decriminalization from theperspective of the history, psychology, economy and thenature, the function, and the value of criminal law. This paper thinks thatgambling accompanied by humans for thousands of years. It is areflection of human nature,and has become a part of social culture.For gambling,we can not be forced to suppress, but can only to guide.Moreover, gambling decriminalize has certain advantages for China’seconomy. Furthermore, from the perspective of criminal law, the functionof criminal law pays more attention to the guarantee of human rightstoday, and the value of criminal law also emphasize humility and tolerance. The decriminalization of gambling reflects the requirement ofthe times.Part three, study on the reasonable regulation of gambling in ourcountry. Based on the reality of our country and draw lessons from thethought of foreign gambling decriminalization, I wish to explore the wayof gambling decriminalization that accords with our country’s reality.First, develop lottery vigorously in order to divert people’s gamblingneeds with the development of the lottery industry, as a result, the livingspace of illegal lottery tickets will be reduced. Besides, our countryshould open casino with restrict because the lottery is lack of powerobviously against foreign casinos. These casinos experimented in theeastern coastal areas should be managed specially by the state in order tointercept gambling fund. Second, relevant departments should strengthenthe supervision of the gaming industry and improve the relevantlegislation in the development of the gaming industry, at the same time,some pathological gamblers should be considered. Through thecorresponding precautionary and controllable measures, the adverse social effects of gambling will be limited to a minimum degree. Andfinally, modify the provisions of Criminal law on gambling crime andcrack down on illegal gambling which is not allowed by the law.