从一则案例看开设赌场罪的司法认定及立法完善

赌博作为一饱受诟病的不良文化现象,一直受到社会各界的关注。法学、社会学等理论领域和刑事司法实务界对禁止赌博、赌博行为入罪处罚的研究也从未停止。但现有的法律规定和理论研究在如何界定开设赌场罪及开设赌场罪的共犯等问题上仍存在分歧,司法实践中对此类犯罪的认定处理也不统一。拟从一则案例入手,分析开设赌场罪的司法认定,并提出对开设赌场犯罪的立法完善意见。

On Judicial Recognition and Legislative Perfection of Opening Casinos from a Case Perspective

Gambling, as a currently being savaged culture phenomenon, has been attracting the social attention from all walks of life. As to the research on banning gambling behavior into crime, the theorists in law and sociology have never stopped. But the existing legal provisions and theoretical study on how to define opening casinos and gambling crimes still exists differences. In judicial practice, the determination and handling of such crime is still not unified. This article hereby, from a case perspective, analyzes the judicial recognition of the crime of opening casinos, and puts forward some suggestions on its legislative perfection.