| About gambling, China’s "criminal law" the relevant provisions of the 303 rd. With the development of economy, the development of network and popularization of the 1997 Criminal Law on the crime of gambling related provisions can not comprehensively blow after another form of gambling, especially network gambling crime is becoming more and more fierce. In this regard, "criminal law amendment(6)" the crime of gambling for the new rules, regulations of gambling crime in the criminal law of 1997 were refined, the creation of casino behavior from the crime of gambling in separated alone as the crime of gambling, paragraph 2, of the crime of opening casinos. Although our country criminal law theory of the crime of gambling have been widely studied, but there are still many problems worth studying. Because of "criminal law" provisions of the gambling crime is too simple, the criminal law theory and practice of this crime legislation exists different understanding and understanding, leading to the judicial practice of gambling crime. In view of this situation, the author makes a special research on the related problems in the application of the crime of gambling.In addition to the introduction and conclusion, this thesis is divided into three chapters to study the problem of the judicial application of the crime of gambling.The first chapter is an overview of the judicial application of the crime of gambling, including the summary of gambling crime and the judicial application of the crime of gambling. An overview of the crime of gambling, including the concept of gambling, gambling crime concept and the history of the evolution of gambling crime, the crime of gambling, including the concept of judicial application and the application of the concept of gambling crime.The second chapter is the crime of gambling on the judicial application of the existing problems, I focus on the thr gambling industry were identified; in the aspect of crime patterns, mainly around the gambling crime accomplished and unaccomplished, suspended, preparation form and gambling crime accomplice were analyzed; in the crime and non crime, this crime and other crime, mainly around the gambling crime and fraud crime, gambling crime and the crime of opening casinos and gambling crime and general entertainment several aspects to write.The third chapter is the existence of around second part is inductive problems in put forward suggestions in terms of objective behavior, two kinds of behavior of the crime of gambling should be clear; in the aspect of crime form, clearly define the gambling crime form, clearly identified a common crime, especially for the casino usury and Casino staff should be treated differently; boundary problem with the related crimes, the difference should be clear differences, gambling fraud and deception gambling gambling crime type and the difference between the casino crime and the crime of gambling and gambling, general entertainment(this paper is mainly a qualitative problem to write We Chat grab envelopes), should be treated differently. ee aspects of the boundaries of the two kinds of behavior of the crime of gambling(gambling, gambling for Industry), the crime of gambling crime, gambling crime and other crime are analyzed in detail. The objective behavior is mainly on the crime of gambling, gambling behavior "" mob "is analyzed,Weshould be treated differently。... |
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