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关于赌博行为的犯罪化与非犯罪化之争可谓由来已久,我们法律对于赌博行为进行了区别规定。《刑法》第303条的完善应从多方面着手。本文认为赌博为业行为认定困难并且存在法理的冲突,因此不应该在刑法中规定本情形为犯罪。由于单位开设赌场的行为具有更加严重的社会危害性,因此在主体方面有必要增设单位犯,将“国家工作人员犯本罪,从重处罚”单独列为一款,有利于增强罪名的体系性。
The fight between criminalization and non-criminalization of gambling has been a long time since our laws made a distinction between gambling. Article 303 of the Criminal Law should be improved in many ways. This article argues that gambling is difficult to determine for the conduct of the industry and there is a conflict of jurisprudence. Therefore, this situation should not be criminalized in criminal law. Since the act of opening a casino by a unit has a more serious social hazard, it is necessary for the main body to increase the number of unit guilty and separately list the “guilty state crime as a serious punishment” by a “national staff member” as a system conducive to enhancing guilt Sex.