论赌博罪的完善——法经济学的视角

我国刑法已明确地将赌博作为一种犯罪进行处罚.但由于我国法律没有很好地考虑刑罚的效率性和经济性,在赌博犯罪立法上还存在着一定的缺陷和漏洞.通过法经济学方法,对赌博犯罪立法的正当性和效率性进行分析,提出完善我国赌博犯罪立法的建议.     

关于中国禁赌新思维的理性思考

赌博作为一种源于游戏的社会现象,它的盛行与泛滥是由多种因素共同作用所致。长期以来,我们查禁赌博的思维简单化,方式过于单一,效果并不理想。转变禁赌思维方式就是要求我们站在全社会和公众生活的立场上,从赌博本身的特性和存在的多种根源出发,严格界定赌博罪、赌博违法及带彩头的群众娱乐活动的界限,分层分类、抓大放小,打击体现层次性,并辅之以经济、法律、行政和教育等多种手段,标本兼治、疏堵结合、打防并举,来达到遏制赌博泛滥的目的。     

Leisure Experience, Prison Culture, or Victimization? Sex Offenders Report on Prison Gambling

Opportunities for gambling in mainstream North American society have increased greatly over the past two decades. Despite the popularity of legalized gambling and attention it is receiving among social science researchers and economists, gambling within jails and prisons has been overlooked. This study utilized a semistructured interviewing procedure (Smith, 1995) to gain information about prison gambling from 11 sexual offenders on parole—all had spent significant time incarcerated. Qualitative analyses of responses suggest that offenders may gamble in various forms and for a variety of reasons, including a means of alleviating boredom, providing excitement and risk, and an opportunity to socialize. Prison gambling appears to be a complex phenomenon. A substantial amount of prison gambling seems to be associated with certain psychosocial benefits, while for a minority of cases there may be severe violence and victimization.     

South African regulation of online casinos licensed in a foreign jurisdiction

Advances in technology brought about new popular gambling activities such as online gambling (sometimes called trans-border e-gaming) in South Africa and abroad, demand new regulatory structures since the current laws on gambling do not have provisions for online gambling. This article addresses the legality of engaging in online gambling within the South African borders by casino operators who are licensed in a foreign jurisdiction, giving rise to the issue of determining the place where the act of gambling takes place between a player who is in South Africa while engaging on the Internet with a server in another country. Although this article deals with the South African perspective, realizing that South Africa is a developing country and the law relating to the Internet might be behind, a reference to the online gambling law of United States (US) is made to showcase a need for attention to regulate online gambling in both developing and developed countries.     

赌博犯罪若干实务问题研究

赌博,是指拿财物下注比输赢的活动。赌博罪与非罪、此罪彼罪的界限应该严格区分、把握。赌博犯罪情报信息的收集渠道包括群众举报、拉出逆用和技术手段。拉出逆用利用了犯罪嫌疑人案发前或案发后的矛盾。技术手段包括资金监控、通讯监控和行踪监控。赌博犯罪证据材料的固定重点在于厘清证据锁链的要求,注重依据不同类型的电子数据进行针对性的提取与固定。     

网络赌博案件的侦查取证模式研究

随着互联网技术的发展，各类网络犯罪案件日益增多，尤其是网络赌博犯罪日渐猖獗。由于网络赌博犯罪具有空间跨度大、犯罪成本低、隐蔽性强和赌资流动性大等特点，这对侦查机关提出了挑战。笔者从网络赌博犯罪的特点入手、在分析网络赌博犯罪的侦查难点的基础上，提出了针对此类案件的侦查取证模式。基于此模式，侦查人员通过相关性、功能性和时间性等三方面的调查分析，进行网络赌博案件的侦查取证工作。     

网络赌博犯罪相关问题研究

网络赌博行为应区分情况分别按照开设赌场罪和赌博罪处理,其犯罪的主体应包括单位。为科学有效地收集网络赌博犯罪的电子证据,在侦查阶段应将电子证据转化为书证、视听资料、勘验检查笔录、鉴定结论等四种形式。     

A Randomized Clinical Trial Exploring Gambling Attitudes,Barriers to Treatment,and Efficacy of a Brief Motivational Intervention Among Ex-Offenders with Disordered Gambling

Correctional populations are disproportionately burdened by disordered gambling; yet, problem awareness is minimal among both offenders and professionals within the criminal justice system. The aims of the current study were twofold: (i) to examine gambling attitudes and problem awareness among ex-offenders, and (ii) to determine the efficacy of a brief online gambling intervention for ex-offenders. Participants (N = 126) were ex-offenders on probation and parole. Gambling attitudes, attitudes toward treatment, and disorder gambling status were assessed. Disordered gamblers (n = 102) were randomly assigned to (i) a brief intervention plus referral to treatment or (ii) referral to treatment only, and these individuals were re-assessed at a 30-day follow-up. Lifetime disordered gambling was highly prevalent (86%) in the ex-offender sample, and providing information regarding disordered gambler status and referral to treatment was effective in decreasing gambling attitudes, as well as gambling severity and frequency. The current study has direct implications for treatment and intervention efforts among ex-offenders with disordered gambling and yields a greater understanding of attitudes toward gambling among ex-offenders.     

关于侦查网络赌博犯罪案件证据体系的建立

随着计算机网络的迅速发展和普及,网络赌博犯罪活动越来越猖獗,已经严重危害社会治安秩序。针对其呈现出的新特点开展赌博犯罪研究,除了要加强网络赌博犯罪侦查策略的研究外,还要注重侦查的各个阶段中证据体系的建立。     

Intimate Partner Violence within the Chinese Community in San Francisco: Problem Gambling as a Risk Factor

A total of 31 Chinese community members (8 males and 23 females) were recruited from three social service agencies in San Francisco (Donaldina Cameron House, Richmond Area Multi-Services, and St. Mary’s Chinese Center) to participate in a study examining the relationship between problem gambling and intimate partner violence (IPV). A survey approach was taken which assessed the participants’ demographic characteristics including age, gender, country of birth, and employment, as well as factors relating to their intimate partners, including partner’s alcohol abuse and problem gambling. Younger participants and those whose partners were problem gamblers were more likely to experience IPV. However, partner’s problem gambling was a significant predictor only at the ten-point cutoff on the South Oaks Gambling Screen (SOGS) (Lesieur and Blume, American Journal of Psychiatry, 1987) and not at the five-point cutoff. Chinese participants whose partners were problem gamblers (SOGS ≥ 10) were 27.5 times more likely to experience IPV. Findings are discussed and social work practice, policy, and research implications are highlighted.