肖權東 (Author)
廣州商學院
駱菲菲 (Author)
廣州商學院法學院
龍耀軍 (Author)
廣州商學院
許順福 (Author)
廣州商學院
Opening Casinos;Atypia;Corresponding Ariminal Responsibility and Punishment; Conviction and sentencing
2024-12-15
The physical behavior of opening a casino can be divided into typical and atypical behaviors. The atypical act of allowing others to profit from the operation of gambling machines by the perpetrator is substantially different from the implementation behavior stipulated in judicial interpretations, and its subjective malice is relatively light. Based on the principle of proportionality between criminal responsibility and punishment in our country’s criminal law and the criminal policy of balancing leniency and severity, compared to typical behavior, the criminalization of atypical gambling should be more cautious and the sentencing should be lighter.
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