Research On The Limited Decriminalization Of Gambling Behavior

Gambling phenomenon has a long history,can be traced back to the beginning of human civilization,and with the progress of the social process,this phenomenon is also in constant development,seems to be a special cultural phenomenon along with the process of human society,however,after all,the nature of gambling behavior determines its adverse effects on society,family and individuals,therefore,ancient and modern,Chinese and foreign,for the punishment of gambling phenomenon,has become a big problem besetting human society.China's ruling classes in the past dynasties hold a negative position on gambling,and mostly through legislation,to varying degrees of gambling behavior,but gambling phenomenon is still or bright or dark active in all sectors of society,the effect is still not clear.There are a lot of disputes in the academic circles.whether gambling behavior should be severely punished,cut grass and root,or should be moderately relaxed,dredge governance,the two views hold their own opinions and debate endlessly;This problem also perplexes the judicial practice department.In fact,gambling behavior all into crime or all decriminalization is not the best policy of governance,take limited decriminalization measures,according to the different forms of gambling behavior and the degree of harm caused by the seriousness of the distinction between treatment,is a relatively reasonable position choice.On the basis of reading the previous research results and the basic theory of criminal law,the author tries to make a deep thinking and detailed analysis on whether gambling behavior should be criminalized or decriminalized.from the basic theory of criminal law and judicial practice of individual case study,in the analysis of the current focus of academic controversy: whether gambling behavior should be criminalized,put forward the general gambling behavior,gambling behavior should be decriminalized,gambling behavior,casino opening behavior should be criminalized point of view.The introduction of this article mainly introduces the background and significance of the study of the limited decriminalization of gambling behavior.The first chapter is an overview of gambling.This paper mainly introduces the definition and characteristics of gambling.Among them,the definition of gambling includes the connotation and extension of gambling and the scope of gambling behavior discussed in this paper.The characteristics of gambling include voluntary,contingency,profitability and risk;The second chapter analyzes the crime constitution of gambling crime from the angle of the four elements of criminal law tradition,the object of gambling crime,the objective manifestation of gambling crime,the subject of gambling crime and the subjective aspect of gambling crime.The third chapter mainly introduces the theoretical dispute between criminalization and decriminalization of gambling behavior in criminal law field.Scholars who advocate that gambling behavior should be criminalized mainly from the impact of gambling behavior on social relations,gambling behavior in violation of good customs two angles.Among them,the influence of gambling behavior on social relations,including from the perspective of family life,from the perspective of social order,from the perspective of the national economy three levels;The violation of good customs includes two aspects: the angle of influence on personal ideas and the angle of influence on social public order and good customs.Support gambling behavior should be decriminalized mainly from four aspects: 1,no victim crime theory;2,the angle of infringement of legal interests;3,the criminal law function angle;4,the angle of criminal law modestyThe fourth chapter mainly introduces the author's views on the limited criminalization of gambling behavior,first of all,expounds the reasons why the author insists on the limited criminalization of gambling behavior;Secondly,it shows that the general gambling behavior and gambling behavior should be decriminalized.Finally,it briefly introduces the reasons of gambling behavior and casino behavior into punishment.