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赌博罪、赌博中的违法行为与娱乐活动的界定 总被引:1,自引:0,他引:1
赌博,是指用财物作注比输赢,以偶然性的胜负争财物或财产利益得失的行为。对赌博罪、赌博中的违法行为与娱乐活动进行界定,可以使我们正确区分罪与非罪,赌博罪、赌博中的违法行为与娱乐活动的界限以及认清赌博中的犯罪与违法的特殊形态和表现形式。 相似文献
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《The History of the Family》2000,5(4):363-372
Large databases assembled for industrializing European cities now permit crosscultural comparisons of populations that underwent demographic changes as a result of the industrialization process in the nineteenth century. The article draws into a comparative framework communities in France, Sweden, and Belgium, and compares their population development during early industrialization when population growth was rapid (paroxysmal). Special attention is paid to household structure, infant, and child mortality, and differential behaviors of “immigrant” and “native” populations. Finally, the article offers a general model population change during early industrialization as a comparative framework for future research. 相似文献
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The introduction of legalized gambling into a community has generated a great deal of hubris regarding concomitant criminality.
While Las Vegas has long been synonymous with organized crime, the recent focus has been on the connection between traditional
crime and legalized gambling. The conventional wisdom among opponents of this new source of revenue is that casinos attract
many undesirables to the community, thereby increasing crime and social disorganization. Routine activities theory would suggest
that with increased numbers of tourists, more opportunities for crime will exist. To test this proposition, the frequency
of crime before and after the introduction of legalized gambling in Biloxi, Mississippi was examined. Larcey-theft and motor
vehicle theft were the only categories of crime to show statistically significant change. Robbery and aggravated assault increased,
while murder and rape declined, although the change was not statistically significant for any category of violent crime. 相似文献
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Edward A. 《Computer Law & Security Report》2007,23(6):529-536
Internet gambling is a significant commercial activity that has been successfully adapted to the online environment. The geographical transcendence of the Internet presents challenges for government regulation, which varies considerably. U.S. patrons have historically provided a significant portion of the Internet gaming market, despite a dubious legal status. The Unlawful Internet Gambling Enforcement Act (UIGEA) enacted in October 2006 clarifies the legal status otherwise imposed by state law by prescribing felony criminal status to the Act of receiving an Internet wager from a jurisdiction where such wagering is illegal. This article provides an analysis of the UIGEA and its effects on Internet gambling firms, as well as related businesses. Despite targeting gambling firms, this legislation may also assist in the prosecution of other firms through aiding and abetting liability. UIGEA also targets financial services providers, requiring additional safeguards to stop unlawful transactions destined for Internet gaming sites. Financial markets suggest that this legislation has reduced Internet gambling in publicly traded firms. However, the bill may also have the effect of enhancing investment capital flows for online gambling firms, due to clarification of the legal status for firms who are not targeting U.S. residents in violation of UIGEA. The ultimate result may depend on whether other nations follow suit in targeting extraterritorial business with domestic gambling patrons. 相似文献
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制度是人类在长期的生产、生活实践中形成的定型化的行为模式,以及人为设定的用于抑制人在交往中可能出现的任意行为和机会主义行为的一些规则.随着社会转型,制度也发生演变.在制度变迁的进程中,同时也存在各种相悖的行为.本文从理论与实证的结合上,分析了制度变迁与廉政博弈的基本内涵及相关性问题,对体制转型时期廉政建设进行了理性思考. 相似文献
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Joong Lee PhD Hongseok Kim MSc Tae-Yi Kang MSc Simyub Yook MSc 《Journal of forensic sciences》2023,68(5):1800-1807
We investigated pattern-modified marked cards used in fraudulent gambling cases in Korea. These cards are printed with modifications to some of the repeated marks on the back, revealing the hand on the front and enabling fraudsters to deceive their victims. We proposed a method for identifying the modified part by first enhancing the card's color difference using an image processing technique and then calculating the similarity between the repeated basic patterns with a Siamese network. This method is fast and convenient, as it can determine the deformation with only 1 or 2 cards and can be implemented in mobile applications, allowing law enforcement officers to investigate quickly. The proposed method serves as a useful tool to aid document examiners in making judgments, as it does not require expensive equipment and effectively visualizes the alterations. 相似文献
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Jay S. Albanese 《Crime, Law and Social Change》2008,49(5):333-347
This study investigates the alleged link between casino gambling and arrests for the commission of the “white collar” crimes
of forgery, fraud, and embezzlement. The rapid expansion of casino gaming venues in recent years has been said to have increased
the incidence of white collar crimes by casino customers who get themselves in financial trouble by overspending at casinos
(given the median age of 47 for casino patrons and that 41% hold white collar jobs). This study investigates this question
by using several kinds of data to examine arrest and offender trends, using a follow-up period of up to 10 years to assess
long-term impacts. The results indicate that, comparing pre- and post-casino average annual arrests for embezzlement, forgery,
and fraud, trends show a general decrease in arrests in casino jurisdictions, although embezzlement arrests rose in Connecticut
and in nationwide statistics. An assessment of the reasons offered from interviews with people convicted of embezzlement and
fraud are presented to examine the extent to which gambling is a causal factor.
相似文献
Jay S. AlbaneseEmail: |
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N Tabata M Morita S Mimasaka M Funayama T Hagiwara M Abe 《Forensic science international》1999,100(1-2):117-126
We describe two suicide cases in which old paraquat was ingested. In conjunction with lung involvement a pronounced degeneration was observed in skeletal muscle of one who died on the 14th day after the ingestion. The following sarcoplasmic or endoplasmic reticulum Ca2+ ATPase (SERCA) monoclonal antibodies were used for skeletal muscle fiber typing by an immunohistochemical method: NCL-SERCA1, reactive with type 2 fiber (fast-twitch), and NCL-SERCA2, reactive with type 1 fiber (slow-twitch). The examination revealed that the remarkably degenerated fibers belonged to type 1 muscle fibers. This case showed an abrupt increase of plasma CK levels (1796 mU/ml) on the fifth day after the ingestion. The authors presume that the damage to the skeletal muscle had occurred in this period. The degeneration of the muscle seemed to be attributable to the long retention of paraquat in the tissue because these findings were not observed in the other case who died on the fifth day. Paraquat-induced myopathy may develop in prolonged paraquat poisoning. The examination of CK levels in plasma will be useful for diagnosis of damage of skeletal muscle. 相似文献
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Bingo is one of two legalized forms of gambling in the state of North Carolina. This paper is largely a product of information
gleaned from an undercover police operation conducted by a special state task force constructed by the State Attorney General
in 1983. The investigation concerned violation of state law designed to regulate bingo activity. This report provides the
reader with the development of state law associated with bingo operations, and concentrates on the illegitimate methods used
by professional operators to cheat bingo patrons. Legislation designed to crack-down on bingo abuse is discussed as well
Gambling is one of the most controversial social activities yet one of the least studied forms of social behavior (King, 1985).
Bingo is a specific form of legalized gambling which has received very little attention by social scientists. There have been,
however, a few studies which address the characteristics and motivations of bingo players. For example, it has been suggested
that bingo is primarily a female activity (Dixie, 1987). However, it has been found that motivations among male and female
players differ. Females are motivated more by social contact with other players, whereas men are motivated more by a need
for economic advancement (King, 1985). Although some studies exist on the characteristics of bingo players, there is a dearth
of research on the operators of bingo games, particularly those operators who ply their trade in a legally suspect fashion.
This paper focuses upon the legally suspect mechanisms utilized by some professionals who run bingo gambling operations.
The controversy over gambling often extends to state legislatures where lawmakers must wrestle with the question of whether
or not to allow legalized gambling within their borders. On the one hand, advocates of legalized gambling cite potential advantages
such as the creation of employment opportunities, its potential for enhancement of state revenues, the recreational value
of such activity for consumers and the general enhancement of tourism within states having legalized gambling. On the other
hand, critics of legalized gambling proclaim its evils such as the perceived relationship of gambling to organized crime,
the belief that gambling breeds other social ills (e.g. theft or other crimes of economic desperation) and the belief that
gambling can become a psychologically addictive disease which can contribute to individual and family impoverishment as well
as community disorganization. North Carolina is one state in which the legislature has demonstrated strong resistance to the
allowance of legalized gambling operations. Two exceptions exist, however. North Carolina allows two forms of legalized gambling,
bingo games and raffles. This paper focuses upon bingo gambling operations.
The central thesis of this paper is bingo was originally legalized to provide tax-exempt, charitable organizations a means
of revenue enhancement which would help fund their socially worthwhile endeavors. The legislative changes allowing this form
of gambling, however, have created opportunities for professional game operators whose major motivation is personal economic
enrichment (versus economic enhancement of charitable organizations). The personal economic enrichment motive is offered to
account for the various forms of cheating which were observed in a special investigation of a sample of bingo operations.
In a review of theoretical explanations of gambling behavior Kim King (1985) suggests an extension of the functional approach
which he labels an “Economic/Status” explanation. This explanation stresses the positive functions of gambling for society
and the individual. According to the economic/status explanation, the positive functions of gambling (for the individual)
include an innovative opportunity for economic enrichment, success, and status (King, 1985). We would like to suggest that
such reasons explain why a number of legally suspect bingo operations have emerged in North Carolina. The same reasons appear
to explain the use of various schemes by some bingo operators to cheat their patrons. In short, bingo profits appear to be
the primary reason for the massive increase in the number of bingo operations. Other theoretical factors are suggested to
account for the attraction of patrons to bingo games.
According to King (1985), the “functionalist” explanation of the recent popularity of bingo gambling is due to the tension-release
afforded to players of bingo; bingo offers an exciting and innovative way to attain economic success. A concurrent Marxian
explanation sees bingo gambling as an opiate of the oppressed, providing a false sense of control and success (King, 1985).
Other theoretical factors suggested by King include the symbolic interactionist idea that gambling is a way to display one’s
self to others in order to gain character (Goffman, 1967) and the idea that gambling for some people is a means of conspicuous
consumption (Veblen, 1899). These factors may account for the popularity of bingo operations, however the focus of this paper
is not upon an explanation of why bingo has become so popular.
This paper will outline some of the legally suspect methods used by unscrupulous bingo game operators. The information for
this report is based upon an undercover police investigation of illegal bingo activity in North Carolina. The investigation
was to explore the nature of illegal bingo gambling within the state.
Bingo gambling has a unique history in North Carolina; its recent legal history will be discussed in this treatise as well
as the various legitimate and illegitimate methods of bingo game operators, state law designed to regulate bingo gambling
and measures taken by “professional” (versus “charitable”) operators to protect their lucrative but legally suspect trade. 相似文献
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A report is given of two young people who died after intake of dextromethorphan, one by suicide and the other for uncertain reasons. To our knowledge this is the first reported fatal intoxications with this drug. 相似文献
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Walter P 《Issues in law & medicine》1999,14(4):357-373
In this article, the author compares and contrasts the notion of informed consent in medical decision making in the Western legal system with the traditional Jewish biblical legal system. Walter critically examines the philosophical underpinnings of disease and medical healing in both legal systems, and describes the practical consequences that emanate from the different ideologies in terms of the individual's rights of choice of treatment. She explains that the Western system is predicated on notions of individual autonomy and self determination. Patients therefore have the autonomous ability to select and direct their own medical therapy. By contrast, the traditional biblical system of law is based on the concept that the body does not belong to the individual. Instead, the body is given to man by God as a trust to respect and preserve. Therefore, the individual patients "has no absolute right to control his body and ... he has no real decision making power as to medical treatment choices." In the Jewish biblical tradition, consent is not necessary for obviously beneficial or obviously non-beneficial procedures; consent is only necessary in decisions with uncertain outcomes or when making choices between equal options. Patients are encouraged to seek the counsel of religious authorities and to conform to rabbinical interpretations of the traditional Jewish law. 相似文献