Research On Several Problems Of Gambling Crime

The crime of gambling is one of the earliest origin of crime,and is a crime in various countries has been continuously,all kinds of crimes which are triggered by the frequent occurrence of the serious harm to our country’s public security and social order.But since 2006,criminal law amendment(six)statutory penalty casino "Behavior Gambling Crime" has been modified,there is no any legislative amendment.In view of this,the author tries to apply the criminal law amendment(six)in-depth study of gambling crime legislation in order to analyze and solve problems and the judicial determination of the crime of gambling judicial practice problems,that is the main research purpose in this paper the problems.This paper uses the comparative analysis method and literature analysis method to explore and study the existence of the crime of gambling,and on this basis,deeply summarizes the deficiencies of gambling crime.At the same time,aiming at the increasingly rampant gambling network The crime,the author boldly put forward the "add network gambling crime",in order to better solve the judicial practice of "difficult" problems.Writing ideas are as follows: first,from the specific history of China’s gambling crime question,and then make a concrete problem through the discussion on the crime of gambling crime and non criminal legislation the analysis and comparison,in order to understand how the gambling crime on China’s judicial cognizance,and on this basis,to discover and summarize the shortages of gambling crime,in order to put forward the legislative reconstruction of our future gambling recommendations.The crime of gambling as several common charges,obvious crime situation and our country and the judicial practice does not match.If the perpetrators have one behavior,but only in accordance with the provisions of article 303 rd of the criminal law shall be convicted and punished,obviously not reasonable.To properly solve the frequent phenomenon.It must be scientific,reasonable and clear standards for judicial determination of the crime of gambling,and on the basis of the original re identified or modified.Of course,the specific identification or modify the contents can draw lessons from the development of national criminal legislation more perfect legislation,such as Japan,Germany’s criminal legislation.In addition,the future of China’s criminal law amendment in reference he is the national law content at the same time,also should be based on the realistic situation of our country,in order to analyze and summarize the deficiencies of China’s gambling crime and perfect,in order to better carry out on China’s gambling crime Legislative amendments.