“开设赌场”适用中的若干问题研究

"开设赌场"是赌博罪的一种客观表现形式,是指行为人提供赌博的场所及用具供他人进行赌博,自己从中获利的行为。要求赌场必须为行为人所控制,具有一定的固定性。"开设赌场"可以通过传统的赌博机进行赌博,也可以通过网络进行赌博。开设赌场与提供棋牌室供人娱乐有着本质的区别。     

比较视野中的赌博犯罪法律制裁体系

赌博行为具有严重危害性，其他法域均有各具特色的刑事法规制和体系化的处罚制度。我国刑法中赌博罪的刑罚相对粗糙，有必要在批判性借鉴不同国家和地区的经验基础上，建构完善的处罚体系和运作机制。     

The liberalization and (re)regulation of Dutch gambling markets: National consequences of the changing European context

This paper deals with the liberalization of Dutch gambling markets, in particular the (re)regulation of these markets after 2002. It is argued that during the 1990s a neo‐liberal “risk regime” of gambling regulation replaced the traditional moralizing and restrictive gambling policies. However, this risk regime has recently been challenged by the development of Internet gambling, the discussions about the “Services Directive” in the European Parliament and cases brought to the European Court of Justice. These circumstances are redefining the European context for national gambling policies and gambling organizations. Together with a growing risk awareness, this has caused the Dutch government to reconsider its gambling policies. This paper outlines the basic features of the risk regime of gambling regulation, and makes clear that after a decade of great leniency and tremendous market growth, the Dutch gambling markets, including casinos, lotteries and slot machines, were confronted with serious backwashes.     

Sharing sovereignty for global regulation: The cases of fuel economy and online gambling

Globalization is sometimes taken as a synonym for market liberalization, because it is claimed that power has flowed from states to markets. Whether happening as a result of undeniable “forces” or some hegemonic consensus, many on both the left and right of politics agree that this is a reality. However, this article argues that states which share sovereignty with market actors are able to influence outcomes beyond their borders. The cases of fuel economy and online gambling regulations are used to illustrate the point. In the former case, Japanese and European industry‐driven regulations are being “exported” in the attributes of the products of their car industries. In the latter, UK market‐friendly regulations are likely to be “exported” to the European region and beyond because of industry support, and market liberalization principles embodied in European Union institutions. Both cases indicate that sharing sovereignty in the process of making and implementing national regulations produces opportunities for global regulation.     

论《西游记》之“赌赛”叙事及其审美意趣

基于经久不衰的“赌赛”风气,《西游记》善于将各种争强好胜的预测打赌与武力打斗以及心智斗法等游戏性较量纳入“赌赛”命题加以叙述。在这些“赌赛”叙事中,孙悟空与各路神仙、妖魔不是为了赢钱争物,而是以“赌输赢”“决胜负”为意。小说既借预测结果的“赌赛”叙述增强小说文本的悬疑性;又借武斗竞技“赌赛”叙述满足读者寻求惊险刺激的审美心理。各种“赌赛”叙事还将争强好胜的“心魔”蕴含其中,既使得神魔小说饱含世俗性,又有效地服务于“游戏中暗传密谛”创作主旨。从“赌赛”叙事维度看,《西游记》是一部“游戏”小说,蕴含着悬疑、惊险以及庄谐交织等多元审美意趣。     

官赌洗钱研究——贪污、贿赂犯罪新析

官赌洗钱是指国家工作人员通过赌场或赌博活动,将不法财物在形式上合理化的行为。官赌洗钱的形成需要三个条件:赌场、赌徒(干部)和赌资(公款和贿款等),经过三个阶段:放置阶段、离析阶段和整合阶段。因此,对官赌洗钱的查处与预防也应从以上几个方面入手。     

Associations between national gambling policies and disordered gambling prevalence rates within Europe

Policymakers and other interested stakeholders currently are seeking information about the comparative effectiveness of different regulatory approaches to minimising gambling-related harm. This study responds to this research gap by exploring associations between gambling policies and disordered gambling prevalence rates. We gathered information about gambling policies for thirty European jurisdictions and past-year prevalence rates for disordered gambling for twelve of these jurisdictions. We present policy trends and prevalence rates and then describe the level of association between policy and prevalence. We observe one statistically significant association between policy and prevalence: rates of sub-clinical (i.e., Level 2) disordered gambling were higher within environments that mandated less strict regulation of advertising for online gambling. Finally, we discuss the implications of our research in the context of the current process regarding the pan-European regulation of gambling. Our findings do not offer evidence for certain assumptions made in the past by the European judiciary.     

Low self-control and imprudent behavior

Gottfredson and Hirschi'sA General Theory of Crime contends that individual differences in involvement in criminal and analogous behavior are due largely to individual differences in the personality trait they call low self-control. Among the various behaviors considered analogous to crime are imprudent behaviors such as smoking, drinking, and gambling. This research explores the generality of Gottfredson and Hirschi's theory by examining the link between low self-control and these imprudent behaviors. The results are mixed. In support of the theory, the data reveal a modest but significant effect of a scale designed to capture the various components of low self-control on an index of imprudent behavior. A more detailed analysis, however, reveals that some of the components of low self-control, specifically those probably linked to low intelligence, detract from the scale's predictive power. In fact, one of the components, risk-seeking, is more predictive than the more inclusive scale. Furthermore, one of the imprudent acts, smoking, appears to be unaffected by low self-control. These contradictory findings suggest the need for theoretical refinements.     

关于我国赌博问题的现状及对策探讨

当前赌博违法犯罪活动在我国呈蔓延之势,这不仅直接危害人民群众的切身利益,而且严重影响了社会稳定,阻碍了国家经济的发展和民族的振兴,已经成为一个严重的社会问题。文章结合我国赌博问题的现状,分析了赌博屡禁不止的原因,并论述了综合治理赌博问题的对策。     

The critique of language and its economy

Abstract

This paper draws upon and develops Paul Rabinow's concept of biosociality to analyse how the field of gambling research, the facts about gambling addiction and the politics of gambling regulation are in the process of transforming one another as the US gambling industry has begun to provide large amounts of funding for scientists and clinicians working on gambling problems. In particular, the paper focuses on the political economy of research that suggests that the negative consequences associated with gambling are not just social problems, but neurobiological ones. The paper introduces the notion of ‘biopolitical capital’ in order to describe how the gambling industry invests in particular kinds of research which are more likely to yield results that can be mobilized to support particular kinds of approaches to dealing with the social and personal problems associated with gambling.