The Empirical Study On The Conviction And Sentencing Of Gambling

Gambling,more familiar in daily life,is a way of people's leisure and entertainment.As the Supreme People's court and the Supreme People's Procuratorate promulgate normative document “the interpretation on the handling of several issues about the specific application of law in gambling criminal cases ” Ninth provided "without profit purposes,a small amount property of winning or losing entertainment activities,or business behavior such as provide room and other entertainment places only charge the normal service fee not to gamble punished".It is the weakness of human nature that the lose want to win,the winner want to continue to achieve more profit.The gambling activities intensified evolved to criminal,beyond the limits of the law,also disrupting the order of social administration.Although our country criminal law 303 rd standard and relevant judicial interpretations of the crime of gambling crime have specific provision,but with the spread of Internet gambling platform,gambling way constantly,to the judicial organs in handling criminal cases of gambling brought many problems,there is much controversy in the conviction and punishment.Therefore,this paper uses empirical analysis method,based on the 2015 annual national 128 copies of the relevant documents valid judgment of statistics and analysis,summarizes the current system in handling the crime of gambling problems when the focus of inductive dispute,combined with the related theory,put forward specific proposals.In addition to the introduction and conclusion,this paper is divided into four parts.In the first part,the general situation of the crime of gambling.Through the statistics and analysis of the effective judgment documents,the basic characteristics of the current gambling crime activities are summed up.The crime of gambling is the type of criminal activity,and therefore the most prominent feature is the large number of gambling,ranging from two to thirty people,as many as hundreds of people.Gambling can attract so many people involved,one important reason is that by the great temptation of money,in the face of the temptation of money,humanity is not stand the test,in the judgment analysis,light involved reached 399 people,involving the amount ranging from 5 million yuan to tap profit many hundreds of thousands,even millions of yuan.Gambling has characteristics of strong concealment,gambling activities between the clear division of labor,organized a strong lead,the public security organs are not easy to be found and timely to combat criminal activities,whichappeared in the repeated gambling situation.Secondly,it summarizes the existing problems in the conviction and sentencing of the crime of gambling.One of the more prominent problems:one is to divide between the crime and the crime(such as gambling crime and the crime of illegal business);two is the crime of gambling,it is difficult to distinguish between the main accomplice;three is the legislation often failed in the gambling industry.Type of judicial application.The second part,the empirical analysis of the conviction of gambling crime.This part is to analyze and put forward the author's opinion on the problem of gambling crime on conviction.One is to analyze the problem of the crime and the identification of the crime.The author through the case of gambling crime and the crime of illegal business and Casino crimes were compared,summed up the similarities between,and combination of theory and Practice for the crime of gambling and the two charges of difference,and how to distinguish between gambling crime,the crime of illegal business,casino crimes three;two is identified the problem of accomplice.First pointed out that the focus of controversy in the accomplice,discuss whether gambling employees and usury in the casino staff can constitute the crime of gambling,a detailed analysis of the specific situation of the two kinds of behavior,finally put forward their own views.The third part,the empirical analysis of the crime of gambling.This part is mainly through the data display in the judicial practice of sentencing imbalance phenomenon.One is the different co contracting phenomenon,the author used the form analysis of two similar cases,related factors of contrast in criminal acts of crime after the performance of size,etc.,reflect the situation in the case of different penalty similar situation,which reflects the severity of gambling crime sentencing imbalance;two is that a minor crime phenomenon,is still in the form of a table to reflect the different courts in different areas and different confirmation,there are differences in the chaos of gambling crime on the primary and secondary.Find that the inconsistency mainly exists in some courts that usury,in the casino gambling behavior management principal in gambling crime Department status,but some courts that they occupy the position of an accessory.The author thinks that the management of gambling and usury behavior,identified as the principal or accessory can not be generalized,detailed analysis of the specific case of these actions must be,look at the behavior in criminal activities in the role of size and the behavior is what time to join in crimes.The fourth part,the specific recommendations on the conviction and sentencing to the crime of gambling.In combination with the characteristics of the crime of gambling and the dilemma in the conviction and sentencing of the judicial to crime of gambling.The author put forward specific proposals.The fist,introduces the relevant provisions of the crime of gambling in relevant countries and regions of continental law system,and analysis the specific provisions,put forward two suggestions on "gambling industry",one is to follow Japan "habitual gambling" instead of the situation;other is to imitate Taiwan's approach to abolition of the situation.The second,to clear division of the main convict and accomplice,embodies the principle of distinction punishment;the last,to perfect the gambling crime penalty configuration and the legal punishment,making appropriate sentencing range,safeguarding the authority of the law,protecting the legitimate rights and interests of the defendant.