| Gambling,a kind of bad behavior produced by human civilization and society,has a long history.With the continuous development of human society,gambling is produced under the influence of the formation of private ownership and utilitarianism.Starting from the "Six Bo Game" in the pre-Qin period,people started to have the spirit of adventure and the idea of a convenient way to increase wealth due to their greed.Therefore,gambling has become one of shortcuts to increase wealth.From ancient times to the present,there have been relevant laws expressly prohibiting gambling,but gambling has been always existed,and the act of opening a casino also arises from gambling.In the age of internet today,the act of opening casinos has rapidly developed from ordinary ground physical space to online virtual space,and also other criminal acts have emerged one after another.The legislative provisions concerning the opening of casinos are only simple charges in Article 303,paragraph 2 of the Criminal Law and do not provide a detailed description of the criminal status and characteristics of the crime of opening a casino.With the development of the times and the advancement of science and technology,the lag of criminal legislation has raised new topics for judicial personnel on how to correctly apply law in judicial practice.Therefore,it raises important practical significance in the research of this topic,Judicial Identification of the Crime of Casinos Opening.The article is divided into five parts:Part 1: Introduction.In this part,it mainly elaborates the background of the topic,the research status and the research methods.It focuses on the current research status of the judicial determination of the crime of casino opening at home and abroad to seek research ideas from it,so as to lay a good foundation for the follow-up research.Part 2: Introduction on the legislative evolution and current situation of the crime of casino opening.It explains the definition of gambling behavior and the crime of opening a casino,and the legislative evolution and the current judicial status of the crime of casino opening.Part 3: Problem analysis based on cases.It mainly analyzes the basic problems of conviction in the judicial identification process,such as the identification of casinos,joint crimes and crime subject,and other difficult problems,such as crime or innocence,this or that crime,and also basic sentencing problems and the statutory penalty promotion conditions existing in sentencing.Part 4: Experience sharing.In this part,it introduces the relevant experience of the crime of casino opening in foreign countries in the process of judicial determination on the basic problems of conviction,sentencing issues,crime or innocence,this or that crime and other difficult problems,so that it could be fine references for solving the problem in the judicial determination practice of the Crime of Opening a Casino in our country.Part 5: Comments and suggestions.It provides the improvement comments and suggestions aiming at solving the problems in the judicial determination practice of the crime of casino opening based on foreign legislative experience and the reality of our country. |
