What circumstance issues dozen of mahjong to be recreation, what circumstance hits mahjong to you can offend law? Ordinary common people is not clear. Management board of public security of Wuhan city public security bureau is special 2017 at this point the answer that the problem gave out to make clear.
If Bin of king of citizen of Chengdu lukewarm river did not think of, because him meeting is hit with the friend " mahjong of 5 yuan of money " be detained 15 days, for cancel this mistake is punished, she expended nearly 7 years of time.
On August 20, 2011, if Wang Bin is in with friend Ren Hengquan, Liu Qiong on road of Wenjiang poplar Liu Dong " golden coast " tea building plays a card, those who play is 5 yuan of one bureau " fight to the bitter end " (Sichuan mahjong) . After 3 hours, 3 people are seized by public security bureau of lukewarm river area, "Add up to hunt down bet endowment 575 yuan " , if Wang Bin is detained 15 days, two people detain the others 12 days respectively.
After coming out from the jail, if Wang Bin waits for substation of public security of area of will lukewarm river to tell a court, ask cancel is punished to their administration of 3 people, but careful of just a little all loses a lawsuit.
If Wang Bin refuses to obey, hold to appeal, on January 19, 2015, top people court makes a ruling, instruction Sichuan saves review of senior people court.
On June 28, 2018, sichuan saves senior people court to make rehear adjudicate, cancel one, the court decision of 2 careful court, at the same time the administration of substation of public security of area of cancel lukewarm river is punished. (Network of news of Pai of Yu Peng of news data sources)
But it is recreation to what circumstance, what circumstance can offend law? Ordinary common people is not clear.
Management board of public security of Wuhan city public security bureau is special 2017 at this point the answer that the problem gave out to make clear. Small make up think, can serve as reference.
▌ key came:
On Feburary 16, 2017, director of our attorney office makes committee member of Wuhan city the Chinese People's Political Consultative Conference, Hubei Xiang Wuhan of Fang Hui's lawyer thirteenth of city the Chinese People's Political Consultative Conference the conference puts forward " about with " law thinking " li is clear " mahjong recreation " with " mahjong gambles " bounds, let Wuhan citizen hit mahjong no longer the proposal of be nervous " , via examining put on record, date of draft resolution case is: Wuhan city the Chinese People's Political Consultative Conference the 20170508th.
On May 17, 2017, management board of public security of Wuhan city public security bureau arrives the 6th times visit Hubei our attorney office, offer a return to the draft resolution of Xu Fanghui's committee member. Wuhan police expresses in the reply: "This draft resolution agrees with the problem that common people cares generally, have real sense very much " .
This also is, the whole nation first " draft resolution of mahjong the Chinese People's Political Consultative Conference " , win response of management board of public security of Wuhan city public security bureau.
▌ according to reply opinion, combine relevant law provision, "Mahjong recreation " with " mahjong gambles " bounds is as follows:
One, do not be a purpose in order to seek profits, dozen of mahjong that undertakes containing property to be defeated winning between the relative, play the recreational activities such as playing cards, do not grant to punish;
2, dozen of mahjong that undertakes containing a few property to be defeated winning between the someone else besides the relative, play the recreational activities such as playing cards, participator is malcontent 10 people, divisional and different situation gives cut quantity and punishment into parts:
(One) average per capita is betted endowment malcontent 1000 yuan, belong to " mahjong recreation " , do not grant to punish;
(2) average per capita is betted endowment 1000 above are malcontent 3000 yuan, be in; of 500 yuan of the following amerce
(3) average per capita is betted endowment 3000 above are malcontent 5000 yuan, be in 5 days to detain; below
(4) average per capita is betted endowment of 5000 yuan of above, be in 10 days of above 15 days to be detained below, be in 500 yuan of above 3000 yuan of the following amerce.
▌ but, was about to notice to opening the friend of chess card room, one of following scenario may form " gather a crowd gamble " :
" top magic art, highest check gambles about dealing with criminal case is particular applied law the explanation of a certain number of problems " (on May 13, 2005)
1. is a purpose with seeking profits, those who have one of following state, belong to what criminal law sets the 303rd times " gather a crowd gamble " :
(One) organize game of 3 people above, accumulative total of amount of tap easy gains achieves the; of 5000 yuan of above
(2) organize game of 3 people above, bet endowment the; that amount accumulative total achieves 50 thousand yuan of above
(3) organize game of 3 people above, gamble the; that number accumulative total achieves 20 people above
Law sets collection related ▌ :
" public security management sanctions a method " the 70th regulation: ". . . Participate in gamble to bet endowment bigger, place be detained 5 days below or fine; clue 500 yuan below serious, be in 10 days of above 15 days to be detained below, be in 500 yuan of above 3000 yuan of the following amerce. Be in 500 yuan of above 3000 yuan of the following amerce..
What is " bet endowment bigger " ?
" public security sanctions a method " in about " bet endowment bigger " cognizance country did not have unified regulation, however the system of a few regulations that proper motion of accredit each district makes, we can visit each district below about betting endowment bigger cognizance:
Beijing regulation: The individual is betted endowment 500 yuan of 300 yuan of above, the following place fine; 500 yuan to bet below endowment set comes 1500 yuan for 500 yuan, be in 5 days to be detained below.
Shanghai regulation: " management of public security of Shanghai public security bureau punishs the standard that reduce an amount (try out) " regulation, the individual is betted endowment in the RMB of 100 yuan of above, belong to bet endowment bigger;
Heibei omits a provision: " management of public security of mechanism of Heibei province public security punishs the standard that reduce an amount " regulation, bet endowment bigger, it is to show the individual is betted endowment in; of 200 yuan of above
Shandong omits a provision: " law of punishment of management of executive public security of Shandong province Public Security Department refines a standard (try out) " regulation, "Participate in gamble to bet endowment bigger " it is to show average per capita gambles amount perhaps is betted on the spot in 100 yuan of above endowment in; of 400 yuan of above
Shenzhen city sets: The individual is betted endowment in 500 yuan of above calculate bet endowment bigger;
Jiangsu omits a provision: The dot is being punished since is the individual is betted endowment or average per capita is betted endowment achieve 200 yuan. Bet endowment 200 yuan of above, malcontent 1000 yuan, be in 500 yuan of the following amerce. The individual is betted endowment or average per capita is betted endowment 1000 yuan of above, malcontent 3000 yuan, be in 5 days to be detained below.
Jilin omits a provision: " the directive opinion that measures a level about dealing with gamble to violate a case to cut into parts " , " bet endowment bigger " be located in surely: The individual is betted on average endowment amount resents in 500 yuan of above 2000 yuan, or the spot is captured bet endowment number specified number resents in 2000 yuan of above 8000 yuan.
Sichuan omits a provision: " punishment of administration of mechanism of Sichuan province public security cuts amount right into parts to reduce volume level freely " regulation, the spot is captured bet endowment value is total in the RMB 1000 yuan of above 4000 yuan the following, belong to bet endowment bigger
" public security management sanctions a method " the 70th regulation: Do not be a purpose in order to seek profits, dozen of mahjong that undertakes containing property to be defeated winning between the relative, play the recreational activities such as playing cards, do not grant to punish what undertake containing a few property to be defeated winning between the someone else besides; relative to hit mahjong, play the recreational activities such as playing cards, do not grant to punish.
