The Research Of Application Of The Gambling Crime

Gambling crime refers to profit-making purposes, mob gambling, the gambling industry and the opening of casinos. Modern gambling not only continues to retain the traditional characteristics of gambling, but also derives new features from network, making gambling crimes have become increasingly prominent on the application of criminal law. It exists dispute on the application of criminal law for the traditional gambling crime such as fraudulent gambling and having casino gambling, and furthermore, in private lottery, online gambling of new gambling crime have each sticks to those arguments. This article depends on the perspective of gambling crime legislation, combined with case studies these legal disputes and errors that occur during the application process.This article is divided five parts to study the application of criminal law issues of the gambling criminal:part one, overview the legislative an judicial situation of gambling crime. Part two, the application of criminal law of the fraudulent gambling, denying all of this accordance with the perspective of gambling crime penalties. And then, analyzing of judicial interpretation’s application and distinguish gambling crimes and fraud. Part three, distinguishing the gathering gambling and casino gambling. How to correct application of the law that the key lies is grasping the actor had clear control over gambling. Part four, the application of criminal law to judge lottery crime. It is more appropriate to use consider punishment with gambling than the illegal operation to punishment for this situation. Part five, the issues of internet gambling the application on criminal law, online gambling connotation and its characteristics could be analyzed in this part. It also researches network games, Internet casinos and Internet gambling dispute issues of jurisdiction.