Study On The Crime Of Opening Casinos

In recent years, illegal and criminal behaviors of opening casinos happen frequently. The large scale of casinos, the large of involving values and the widespread of participants indicate that this kind of criminal acts become more and more serious in social harmfulness. Although criminal law amendment(5) treat opening casinos as a individual crime and promote the maximum punishment to ten years, the simple and crude of relevant regulation still makes it great difficult to identify the crime in judicial practice, it reflects in the problem of define the behaviors of opening casinos, the situation of “severe circumstances” and the complicity identify in the crime of opening casinos. In consideration of the rampant criminal behaviors of opening casinos and the lag of relevant laws and regulations at present, the author get the idea of writing this article.The study on the crime of opening casinos in the past often discuss from four elements crime constitution according to the model of study on the crime, and rarely compares the crime of opening casinos with other crime. The most innovative is that this article breaks through the study routine of the crime of opening casinos in the past, adopts a totally new perspective to compare the crime of opening casinos with the crime of organizing prostitution throughout this article, illustrates the properity of legal regulation of the crime of opening casinos from the comparison of this two crimes, reveal the essential of opening casinos and solve the problem of complicity identify in the crime of opening casinos in judicial practice。The comparison of the crime of opening casinos and organizing prostitution benefits from the inspiration from author’s supervisor. The two crimes seem to be Irrelevant, it was nothing overlap or confusion of four elements crime constitution. But with further analysis and excavation of essential characteristics of the two crimes, the value of the comparison of the two crimes is found. Actually the criminal law didn’t initially treat this two behaviors as crime, when social situation changed and this two behaviors owned more industrialization scale, legislators realized the great social harmfulness of this two behaviors and the old regulations can’t fight against this two crimes, hence this two behaviors was treated as crime and the penalties was also increased. Law is the attention of reality, the revision of criminal law about this two crimes represents the emerging development of two types of “industries” centered on opening casinos and organizing prostitution.This article contains two lines, the first one is according to the traditional study model on the crime, chapter one emphasizes on the legal regulation and concept of crime of opening casinos as a summary; chapter two analyzes from objective aspect and subjective aspect to reveal the essential of crime of opening casinos; chapter three contains the judicial cognizance of opening casinos, mainly includes the study on the insider’s complicity problem and the difference from the behavior of gather-gambling in external relation. The other line contains the comparison of the crime of opening casinos and organizing prostitution which is throughout this article, chapter one contains the comparison of legislative process and legislation stage, it illustrates the similarity of legal regulation path of the two crimes and the difference of its stage; chapter two reveals the same essential of this two behaviors from the comparison of the two crimes’ objective behavior characteristics; chapter three learns from the more mature complicity cognizance of the crime of organizing prostitution to compare and explore the complicity cognizance problem of the crime of opening casinos.