The Research On The Difficult Problem Of Gambling Crime

It was written in article 303 of the revised criminal law in 1997 of china that gambling is a kind of behavior that aims at gaining profit, and is characterized by mobbing gambling , setting up gambling hell or living on gambling, three years of imprisonment , detention or control, in addition to a fine. Considering setting up gambling hell is more dangerous in the reality, it necessary to increase the punishment of it . In view of this , the NPC standing committee adopted "the sixth amendment for criminal law " , in the article 18 of this amendment , it was revised that gambling is a kind of behavior that aims at gaining profit, and is characterized by mobbing gambling or living on gambling, three years of imprisonment , detention or control, in addition to a fine,serious cases, by three to ten years of imprisonment , in addition to a fine . The sixth amendment for criminal law materially has carried on the corresponding revision in the gambling crime's legislation, but in understanding of the revising law everybody actually has a big deviation. Therefore in the judicial practice there are many disputes about the gambling crime. In this paper, take the gambling case of Zhou Fuxiang as an angle of view, In analysing the involver's concrete behavior discuss the controversial problem. Finally put forward the related suggestion to the gambling crime legislation.