Affirmation Of Gambling Bribery

Gambling bribery means any state functionary cash in on benefits for entrust person by the way of gambling. In 2007, China promulgated a judicial interpretation called < About to deal with bribery, opinions on some issues of applicable criminal case >. The fifth article says:“Any state functionary cash in on benefits for people who asked by the way of gambling constitute bribery.” This article provides a basis for detecting a criminal case which links gamble and bribery. Entrust person offer some money to the trustee by the way of gambling. This way which control by the both sides can eliminate the uncertain of the gamble. Entrust person and trustee makes use of different elements to cover the bribery. Normally they ascribe to the “bad luck”or “bad gambling skills” for covering the trade power money. In current judicial practice there is only this interpretation about the gambling bribery. But the standard of affirming this crime is still uncertain which cause when procuratorate detecting this kind of crime do not know the specific clause. The bribery criminal cannot punishment by the law. Gambling bribery is famous in state functionaries because its secret methods and unique way. Therefore different state functionaries and entrust person gambling together for bribery. This paper begin with the conception to character of gambling bribery then discuss the background, occasion, timing, frequency etc which in the judicial interpretation to analyze gambling bribery. Gambling bribery is a kind of bribery, so we must focus on the amount and quantity of crime. This paper analyzes the amount of gambling bribery through different types which classify by different behaviors. The paper uses Majiang as an example to discuss the special form of gambling bribery. I wish the conclusion this paper could make a little contribution for judicial practice.