Qualitative Research On Illegal Issuance And Sale Of Lottery Tickets

The lottery is a probabilistic winning voucher issued by the state,sold in accordance with the law,purchased by natural persons voluntarily and according to specific rules.This voucher is essentially a gambling behavior with gambling characteristics,but because the lottery itself is public welfare,by the law "amnesty",so it has legitimacy and liquidity.In contrast to legal lottery,illegal lottery has always existed because of its huge profit potential.With the help of the Internet platform,the crime of illegal lottery presents such complex features as wide involved,small regional limitation and large amount of money involved.In judicial practice,there are two opinions on the determination of criminal charges for gambling crimes committed by the actor in the form of lottery.On the one hand,from the perspective of the definition of lottery,the issuance and sale of lottery have the nature of "franchise",that is,the act needs the approval of the authority.On the level of "franchise",the behavior of the actor in operating lottery without the approval of the competent authority is an act of unauthorized operation of franchised and monopolized goods.When accord with the circumstance that disturbs market order seriously,constitute illegal management crime.On the other hand,due to the gambling nature of illegal lottery,illegal lottery does not have legitimacy because it is not authorized by law.The act of issuing and selling under certain circumstances may constitute the crime of running a casino for profit.Both of these criminal acts are clearly defined in judicial interpretation.In judicial practice,the difference in the determination of charges will inevitably lead to different results of the same case.Therefore,this paper stands in the position that the stability of the law should be maintained and that the qualitative differences should not be resolved by amending the law,to clarify the judicial interpretations that lead to different judgment results,and sort out the logical relationship between judicial interpretations,and explore the distinguishing criteri,and to clearly distinguish the application of the dispute clause in different cases.The first part of this paper is mainly to find the controversial laws and sort out the logical relationship between the laws.Analyze the different reasons of the two judgments in the case and from the legal basis of the court's judgment documents,the specific provisions that lead to the difference in the judgment results of illegal lottery crimes are summarized as follows:Article 1,paragraph 2 of The Notice of the Ministry of Finance,the Ministry of Public Security,the State Administration for Industry and Commerce,the Ministry of Civil Affairs and the General Administration of Sport on Resolutely Cracking Down on Gambling Activities and Vigorously Rectifying the Order of the Lottery Market,and Article 2 and article 6 of The Supreme People's Court and Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of The Law in Handling Criminal Gambling Cases.From the point of view of system interpretation,this paper analyzes the logical relationship between the disputed articles.At the same time,from the definition of lottery,put forward three elements of lottery,so as to find a proper definition for illegal lottery.The second part of this paper analyzes the normative connotation of the concept of lottery and further defines the connotation of illegal lottery,that the lottery in article 6 of the Interpretation does not require to satisfy public welfare elements,but needs to satisfy formal normative elements,and in specific cases,article 6 of the Interpretation and article 303 of the Criminal Law shall apply to illegal lottery crimes that do not meet normative elements.From the perspective of legislative purpose,this paper explores the save clause of illegal business crime,explains the behavior of illegal issuance and sale of lottery when the circumstances under which the crime of illegal business operation is applied shall be narrowed down,putting forward the principle that the crime of illegal lottery should be the crime of running a casino and the crime of illegal operation should be the exception.The third part of this paper analyzes the legal application of illegal lottery crime,according to the broad interpretation of illegal lottery and the modesty principle of criminal law,the administrative penalty is applicable when the illegal lottery fails to reach the standard of criminal law;from the perspective of the legitimacy of criminal law,the author analyzes the different situations of illegal lottery crime cases and identifies the crime of illegal operation and the crime of running a casino respectively.Finally,the constitution of the two crimes is analyzed in order to complete the structure of this paper.Based on the stability of the law,the author puts forward that the standardization of lottery form is the distinguishing standard of article 2 and article 6 of the Interpretation by means of legal interpretation.If the lottery in the criminal case of illegal lottery satisfies the normative elements of the form of lottery,it shall be defined as the crime of illegal operation on the basis of article 6 of the Interpretation.Those who do not meet the formal normative elements of lottery shall return to the gambling attributes of lottery itself and be regarded as the crime of running a casino according to article 2 of the Interpretation.In order to safeguard the authority of the law and protect the accurate application of the legal provisions,it is necessary to distinguish the application of the disputed provisions in different specific cases.