On Limited Decriminalization Of Gambling

Generally, for normal intellectual of adult individuals volunteered to participate in gambling behavior is belong to the no victim crime, because it relates to the behaviors of all people are voluntary, rather than be forced. Therefore, this kind of behavior does not infringe others. And because it has the characteristics that it is difficult to be found, it does not interfere with the normal production and life of others. And for the gambling crime, whether it should be decriminalized, there are also different viewpoints in the theoretical circle. Based on the theory of victimless crime, the author attempts to find the fit point between the criminalization and decriminalization through discussing the concept, characteristic of the criminal victim theory, the theoretical basis, the gambling crime concept and legislative and judicial status quo, and puts forward the view point that the crime of gambling can be divided into finite decriminalization according to the different behaviors.This paper is about thirty thousand words, which is divided into four parts:The first part introduces the crime of gambling at all times and in all over the world typical legislation and judicial status, and elaborates the characteristics, objects and the behavior mode of the gambling crime in detail which starting from the legislation of our country nowadays, including the content in the criminal law and the public security management punishment law "regulation, causing the criminalization and decriminalization debate, introduces Chinese scholars for the view of the problems and leaded the author’s idea.The second part elaborates on the basis of criminalization and decriminalization debate: victimless crime. It introduces the theoretical background, the concept to definition of victimless crime, which the behavior of the actors implementing does not infringe the legal interests of the criminal law protection but violated social ethics and virtue. Then the paper introduces the three basics—Liberalism、Restraining criminal law、No damage to the interests. Based on the theory the legal interest has provided the necessary theoretical basis for drawing a "criminal circle" of the gambling crime.The third part discusses whether the crime of gambling should be criminalization from the perspective of victimless crime, the author puts forward his own viewpoint through the analysis on the academic point of view, namely the crime of gambling in the "gambling industry" should be made decriminalization, limiting the gamble gathering on the Supreme People’s court and the Supreme People’s Procuratorate’s interpretation, and according to the interpretation of(2)(3), we should make the tap profited criminalization and no tap profited decriminalization. In the current social conditions, open a casino is not in legalization, and the regulation is still necessary to be limit by the criminal law, but we can regard some areas as a pilot to open the casinos in legalization.In the fourth part, the author puts forward reasonable suggestions for the other related issues of gambling under the viewpoint of the finite decriminalization of gambling crime. The author also considers that we should strengthen supervision and combating the personal and sites, which sheltering and seduce the minor to engage in gambling on the basis of educating and guiding minors not to gamble, and strengthen level of control efforts of the security management punishment law for the recent emergence of a number of new online gambling behavior which does not set up the crime of gambling, and strengthen the intensity of the fight against crime by increasing the punishment range. In this paper, the author uses the methods of comparative analysis, theoretical analysis and empirical analysis, at the same time, draws on the results of social science, such as the Criminal Law Hermeneutics and philosophy to provide positive support for the criminal legislation and judicial practice of contemporary gambling in our country.