Discussion Of Gambling Legislative Defeets And Inprovement In China

Gambling develops till now, its meaning goes beyond the traditional sense, whether gambling ways, means and even purpose has expanded largely, the traditional gambling persons are mainly those who participate in gambling, Now gambling persons include not only participating persons but also include gambling organizers and helpers, penalty punishment changes from the principal object of participating persons to the main organizers and those who help. New gambling ways are diverse, such as gambling on Internet, illegal lotteries, underground lotto, soccer gambling and so on. Also different kinds of gambling ways are changing constantly. Gambling is organized secretly and strictly. A large number of persons participate in gambling. With our country opening deeply, in recent years, the number of gambling persons going abroad has increased year after year. Gambling has evolved from the traditional simple gambling for gambling industry, and expanded constantly. The situation of fighting against crimes is stern.Comparing with violent crimes like guilty of homicide, robbery and criminal assault, gambling crimes have more obvious differences which mainly show no direct victims generally. Although this kind of crime isn’t involved with violence, it leads to homicide, robbery ect. It seriously disrupts people’s daily work and life. Meanswhile, it has much more social harm. Gambling crimes themselves are universal, obstinate and destructive. This decides how important it is about the research of gambling crimes.China is expressly prohibited gambling. From the early days, our country provides gambling crimes. Over the years, our country has been working to fight against gambling crimes severely. It has been organizing the severe blow actions many times. For example, the special action for fighting against gambling crimes in the whole country every years.All of these express our country think gambling behavior which has serious social harm is a criminal offence and requires severe blow. Neverthless, With gambling tools and tricks ongoing refurbishment, China’s criminal law has no provision on the crime of gambling crimes against gam bling needs. Most scholars believe that the original三百零三clause of China’s criminal law on gambling crimes provisions are too crude, and there are still many questions at issue resulting in many deficiencies exists in the introduction of new judicial interpretations, they no longer meet the needs of the new situation, are not conducive to fight against gambling offences and need new amendments.The thesis carries out a detailed analysis and exposition on issues of the legislation, learning from foreign advanced legislative experience, and achives the perfect gambling crime legislation from the following three aspects. Firstly, With regard to the composition of gambling, gambling crime can be separated into general gambling crime, crime of setting up gambling place and crime of secretly issuing and distributing lotteries. Secondly, the principal parts of gambling also should be improved. Units’gambling crime should be brought into the systerm of principal parts of gambling. Thirdly, from the viewpoint of punishment of gambling crime, it should increase the maximal term of imprisonment and abolish observation punishment as well as improve the amount of penalty in gambling crime.