论文部分内容阅读
聚众赌博作为一种聚众犯罪,在具体司法实践中如何认定其刑事责任主体有其特定规则。笔者认为不管是从理论上还是司法实践中,仅将聚众赌博的首要分子即“赌头”作为该犯罪的归责主体是最合理的。在司法实践中,认定聚众赌博的首要分子时要注意纠集者不等于组织者,根据行为人在聚众赌博的作用变化具体认定,以认定首要分子为前提认定其他共犯。
As a kind of mob crime, gather gambling as a crime to gather people, and how to determine the subject of criminal responsibility has its own specific rules in specific judicial practice. The author thinks that it is most reasonable to assume that the chief player in gambling, ie “gambling”, is the principal part of the crime whether in theory or in judicial practice. In judicial practice, when identifying the chief gambler as a gambler, it is necessary to pay attention to the fact that the giver does not equal the organizer, and that the other accomplices should be identified on the premise of identifying the chief mover according to the actor’s specific role in gathering gambling.