Research On The Crime Of Opening Casinos

The establishment of gambling house is a global social phenomenon,which is listed as a prohibited behavior in China.Although the judicial department has cracked down on it for many times,it has little effect.The gambling activities are still rampant,and the amount of gambling money is increasing and the number of people involved in gambling is increasing.This paper aims to sort out the legislative evolution,concept and characteristics,constitutive elements,judicial recognition and penalty application of the crime of opening casinos,and discusses the problems involved.This paper is divided into four parts:Part one: introduces the concept,judicial status and characteristics of this crime.By comparing the concept of the crime of opening casinos at home and abroad,the author presents the essence of the crime and describes the concept of the crime.The collected data are summarized to show the current judicial status of the crime case,and also focus on the description of the new characteristics of the crime in the network era.This chapter introduces the basic situation of this crime,and draws out the following.The second part: from the perspective of "four elements",it combs the constitutive elements of this crime.This paper introduces the mainstream view of domestic and foreign scholars on the object of this crime.From the objective aspect,this paper discusses the behavior of "opening" of traditional casino and network casino respectively,and analyzes the behavior mode of opening casino by using gambling websites.It also discusses the connotation of "casino" and whether it is necessary to "open casino" to constitute this crime.The main part analyzes whether the unit can constitute the crime,the indirect principal offender and the determination of the state staff constitute the crime.The subjective aspect is to discuss whether it is necessary to have the purpose of profit.This chapter is specific in content,paving the way for the subsequent chapters.The third part: analyzes the judicial determination of this crime.Based on the exploration of the problem that the scale is not uniform in judicial practice,this paper presents the boundary between crime and non-crime through the comparison between this crime and normal business behavior,the comparison between "network" opening casino and network game,and the determination of opening casino on proxy network.Focus on the crime and gambling crime（gathering）,illegal business crime,crime of fraud boundaries,and illegal detention crime,casino usury behavior to discuss the number of crimes.The paper also analyzes the opening of "network type" casino and related network crimes.The discussion of accomplice problem is classified according to the characteristics of entity and network casino.This chapter focuses on practice and makes a deeper analysis of this crime.The fourth part: the application of the punishment of this crime is discussed,centering on the determination of "serious",gambling capital and profit from taking profits,the amount of sentencing and other issues.Under the background of the amendment 11 to the criminal law,this paper analyzes the unreasonable factors of the current sentencing standard and puts forward some suggestions to improve the legal sentencing and enrich the sentencing standard.