因病态性赌博所增加之社会成本已逐渐成为世界上*紧迫的公共政策挑战之一，有很多专家或学者从医学或社会学的角度详细论述了这一问题。然而，从法律的角度对这一问题的认识还处于起步阶段。基于此背景，本书从法律的视角研究了病态性赌博所衍生之法律问题，主要内容包括：病态性赌博的概念和特征；解释自我隔离制度或自我禁入赌场制度的法律考虑；从民法角度来探讨博彩业经营者是否对病态赌徒承担相应的谨慎义务；以刑法视角来诠释病态性赌博所衍生之问题；阐述负责任博彩的相关法律制度架构及博彩业经营者的法律责任。
本书为全英文书稿，引用了国外相关法律条文作为对照。本书作者在法学领域所涉甚广，且在我国澳门地区求学工作多年，所论述内容具有较大的参考价值。
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.
吕冬娟， 女，湖南澧县人，法学博士。澳门城市大学法学院助理教授，澳门城市大学澳门社会经济发展研究中心研究员，东亚侵权法学会（AETL）澳门法域副秘书长，澳门立法及司法见解研究会（AELJM）执行副主编。长期从事私法的研究工作，积极参与私法制度的国际学术交流活动。主要研究领域为民法基础理论、合同法、担保法、侵权责任法、国际商法、国际仲裁和国际投资法等。曾先后参与澳门特别行政区土地法、中国城市的社区毒品研究、东亚侵权法示范法、澳门金融安全研究等多项研究课题，发表学术论文数篇，出版著作多部（如《澳门道路交通事故民事责任研究》，社会科学文献出版社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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