“非典型＂開設賭場行為的定罪和量刑探析

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.