因病態(tài)性賭博所增加之社會成本已逐漸成為世界上*緊迫的公共政策挑戰(zhàn)之一，有很多專家或學者從醫(yī)學或社會學的角度詳細論述了這一問題。然而，從法律的角度對這一問題的認識還處于起步階段�；诖吮尘�，本書從法律的視角研究了病態(tài)性賭博所衍生之法律問題，主要內(nèi)容包括：病態(tài)性賭博的概念和特征；解釋自我隔離制度或自我禁入賭場制度的法律考慮；從民法角度來探討博彩業(yè)經(jīng)營者是否對病態(tài)賭徒承擔相應的謹慎義務；以刑法視角來詮釋病態(tài)性賭博所衍生之問題；闡述負責任博彩的相關法律制度架構及博彩業(yè)經(jīng)營者的法律責任。
本書為全英文書稿，引用了國外相關法律條文作為對照。本書作者在法學領域所涉甚廣，且在我國澳門地區(qū)求學工作多年，所論述內(nèi)容具有較大的參考價值。
Preface
There remain little doubts that the major
trends regarding gambling over the past several years have been towards its
increased acceptance, legitimization, and legalization in various forms in
different parts of the world. The recurring underlying reason for casino
legalization over the past years might be economic and tourism development.
However, gambling is not always an economic panacea. There is also a variety of
social problems arising from gambling related activities with several legal
implications. Those social costs of gambling can include an increase in crime,
prostitution, and alcohol and drug use in the gaming area. One of the most
commonly cited reasons for the society objections to the introduction of casino
gambling appears to be the fear of the advent of pathological (compulsive)
gambling which may be a serious problem if not effectively dealt with. Despite
the fact that pathological gambling is recognized as a medical disorder in USA,
it has been increasingly regarded by the governments and the gaming industry as
an issue of legitimate concern for the public. It has gradually become one of
the most urgent public policy challenges in the world. There are a large number
of publications which deal in detail with this issue from the medical and
sociological angles. However, knowledge of this problem from the perspective of
regulations and law is still in its infancy. In this context, it will be of
much theoretical and practical significance to find out how to understand this
issue correctly and find a rational legal system to regulate it. This book tries
to deal with many important legal issues with regard to one of the most
important problems which are highly contentious pathological gambling, in the
hope of giving certain inspiration to help people confronted with this problem
from law and regulations point of view throughout the world. At the same time,
the book serves as a reference to sound development ofMacaus gambling
industry. The investigation attempts to touch upon the latest developments of
some western jurisdictions addressing these legal issues regarding pathological
gambling by emphasizing the current problems encountered by the judges and the
courts in these jurisdictions and it is expected to provide some valuable
suggestions for the Macau SAR Government in exploring and configuring effective
regulations on the foreseeable questions induced from pathological gambling.
The book is organized as follows. Besides
introduction and conclusions, this book consists of five chapters. Chapter I
deals with a general introduction to gambling and pathological gambling.
Chapter II analyzes legal considerations of Self-Exclusion program. Chapter III
discusses an important question as to whether or not gaming operators owe a
duty of care to pathological gamblers. Chapter IV focuses on the relationship
between pathological gambling disorder and criminal law. Chapter V explains
responsible gambling program.
This book has been specially prepared as a
reference guide to provide information helpful to legislators, judicial staff
and related academic researchers. At the same time, I hope that this book full
of experimental writing can achieve the desired effect of inspiring and
encouraging more deep research findings to emerge.
I would like to thank City University of
Macau, Ministry of Education Key Research Institute of Humanities and Social
Sciences at UniversitiesResearch Centre for Macau Social and Economic
Development (RCMSED), Rector Shuguang Zhang, Vice Rector Fanqing Kong,
Pro-Rector IP Kuai Peng, Pro-Rector Qianwen Chen, Mr. Robert Chan, Registrar
Shuying Li, Mr. Wicky and Mr. Jason Kuok. So for their great help and support
for the publication of this book. I would also like to thank Caiyun Lu, Haibo
Li, Xiaofei Yu and their colleagues of Intellectual Property Publishing House,
as well as Peggy involved in planning and coordinating the publication of this
book, for their thorough and meticulous work. This book could be presented to
you due to their tremendous efforts. Last but not least, I would like to thank
Tong Io Cheng, Jianhong Liu, Jorge Godinho, Hongjiang Li, José C. Alves, Yueng
Wah Khong, Yinggui Wang, Peng Chao, Mei Ge, Yuanyuan Wang, Tingyue Kuang,
Linzhi Ai and Him for their valuable advice in the course of writing this book.
呂冬娟， 女，湖南澧縣人，法學博士。澳門城市大學法學院助理教授，澳門城市大學澳門社會經(jīng)濟發(fā)展研究中心研究員，東亞侵權法學會（AETL）澳門法域副秘書長，澳門立法及司法見解研究會（AELJM）執(zhí)行副主編。長期從事私法的研究工作，積極參與私法制度的國際學術交流活動。主要研究領域為民法基礎理論、合同法、擔保法、侵權責任法、國際商法、國際仲裁和國際投資法等。曾先后參與澳門特別行政區(qū)土地法、中國城市的社區(qū)毒品研究、東亞侵權法示范法、澳門金融安全研究等多項研究課題，發(fā)表學術論文數(shù)篇，出版著作多部（如《澳門道路交通事故民事責任研究》，社會科學文獻出版社2018年版）。
Tables of Contents
Introduction
0.1 Opening remarks
0.2 Key research questions
0.3 Sequence
0.4 Methodology
Chapter I A General Introduction to
Gambling and Pathological
Gambling
1.1 Background
1.1.1 The definition and the forms of
gaming
1.1.2 The benefits of gambling and the
costs of gambling
1.1.3 Prohibition versus legalization
1.1.4 Possible solutions for a legislator
1.1.5 A model to follow
1.2 The issue of pathological gambling
1.2.1 What is it
1.2.2 Internet gambling pathological
gambling
1.2.3 Pathological gambling among youths
1.2.4 Comments
Chapter II Legal Considerations of
Self-Exclusion Program
2.1 Introduction
2.2 The legal nature of the self-exclusion
program
2.3 Examples
2.3.1 USA
2.3.2 CanadaOntario
2.3.3 New Zealand
2.3.4 AustraliaVictoria
2.3.5 Singapore
2.4 Important questions
2.5 Comments
Chapter III Do Gaming Operators Owe a Duty
of Care to Pathological
Gamblers
3.1 Introduction
3.2 Case study
3.3 Arguments
3.3.1 Arguments against duty of care
3.3.2 Arguments in favor of duty of care
3.4 Comments
Chapter IV The Relationship Between
Pathological Gambling Disorder
and Criminal Law
4.1 Introduction
4.2 Case study
4.2.1 Pathological gambling as a criminal
defense
4.2.2 Pathological gambling as a basis for
sentencing mitigation
4.3 Arguments
4.3.1 Arguments in favor
4.3.2 Arguments against
4.4 Comments
Chapter V Responsible Gambling
5.1 Definition of responsible gambling
5.2 Barriers and benefits of providing
socially responsible gaming
programs
5.3 Respective roles of the following three
major stakeholders
5.3.1 Government
5.3.2 Gaming operators
5.3.3 Individual
5.4 Comments
Conclusions
Bibliography
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