Reserach On Decriminalization Of Gambling

Gambling is a unique social phenomenon, the emergence of gambling long, with almost the entire history of mankind. As rulers of states has always been that gambling is a bad behavior, would endanger the rule of order, therefore, gambling in the long river of history are being more strictly prohibited. With the decriminalization of victimless crime trend in the rise of crime should be based on gambling or non-crime of a more intense debate on whether gambling should be the evils and strictly prohibiting or restraining harm and promote good, properly controlled, people do not find unified answer. This problem also plagued our criminal theories and legal practice department, and the author of basic theory and criminal law based on the results of previous studies, using historical research, comparative research methods on the legal nature of gambling behavior were more detailed study, trying to on whether gambling should be criminal or decriminalization of making their own analysis and recommendations.This paper is about 33 thousand words and divided into four parts.Part1:An overview of gambling. Introduces the concept of gambling, characteristics, types, and the object of gambling. The concept of gambling have narrow and broad sense, narrow sense, only the general concept of gambling, the broad concept including gambling, casinos and other gambling activities set up. Contains three main features of gambling activities, namely:the voluntary nature of gambling, the outcome of the results of chance and unpredictability, as well as the profitability of gambling purposes. Theory can be divided into participation in gambling gambling gambling behavior and launch, including the former general gambling behavior, gambling behavior for the industry, which includes gathering gambling, casino opening act. Gambling under the criminal law, there are three, namely: gambling, gambling industry and gambling. In view of the provisions of the criminal law, the scope of this paper include general gambling, and gambling, gambling industry and the creation of four gambling casinos, not including lottery, horse racing type of gambling behavior. Why is the object of gambling, there is controversy, is generally believed that participation in gambling mainly against good morals of society, launched the major violations of the gambling behavior of the management of social order.Part2:Criminalization and non-gambling activities of the view does denounce crime andâ–  the theory. Introduces gambling related crime or point of view, and gambling crime or a theoretical analysis. That gambling should be convicted of view are:that gambling poisoned society, undermining family relationships, resulting in the outflow and induce other property crimes. That gambling should be non-crime view are:gambling is a disposition of property, which we should respect, gambling will trigger the logic does not hold other crime, gambling against the legal interests of crime victims, not obvious and never described in terms of non-criminal gambling of reasons. This part also from the modern idea of criminal law, protection of the freedom of the point of view, the principles and methods modesty protection principles such theoretical benefits of the gambling behavior and decriminalization issues and judicial practice point of presence in the country gambling industry identified problems and difficult problem of limited judicial resources.Part3:Criminalization and non-gambling comparative study of crime. Introduces the legislation of foreign regulation of gambling patterns and our history of gambling regulation. Regulation of gambling abroad, there are three modes:full of crime-oriented model, these countries are Germany, Japan; full legalization model, these countries mainly the United Kingdom, Russia and Switzerland; some non-crime mode, mainly the United States, China Hong Kong areas, etc.. Also on our history of gambling regulation relevant provisions of the narrative, through the regulation of gambling. the relevant model reference relevant legislative experience can also see our deficiencies in national legislation, such as right to gambling for the industry to identify, on the understanding of gambling on the gathering, china has some defects in the legislation needs to be appropriate amendments.Part4:On the decriminalization of gambling thoughts and suggestions. This part of the ordinary gambling, gambling industry, and gambling and the creation of the crime of the four casinos and non-crime of the problem, this paper argues gambling common gambling industry is actually the scope of its and the general gambling also are all victimless crime problems in the field, will be mainly based on the non-crime of following:criminal law with the moral concepts should make timely changes in response to the modern idea of criminal law focus on protection of human rights decide that it should be decriminalization gambling will lead to the establishment of the second crime and justice is not the logic of limited resources also explains its consideration of the reality of non-crime. And gambling should be conducted on a limited crime, criminal law should be punished in order to tap profit only means of gathering for commercial gambling, do not tap for profit act, not by offense. Open casino crime or more depends on a country's traditional culture, criminal policy, the current situation does not fit the crime of opening casinos, but you can set the regional gambling center, opened in the center can be legalized casinos.