Is it illegal to operate a gashapon machine?
Is it illegal to operate a gashapon machine?
The capsule machine itself is not illegal, but if you use the capsule machine to engage in gambling activities, you are suspected of breaking the law or even committing a crime. The capsule of the capsule machine is a mechanical device. Now the smart-scanning capsule machine is regarded as an entertainment device. It cannot be within 200 meters of the school. There is entertainment equipment, and the second is that the capsule machine cannot be used to make money, that is, the probability of using the capsule to install money.
The capsule machine is not an electronic product, but a mechanical capsule. In the past, the capsule machine was called gachapon in Japan: Gachabang, also known as the capsule machine in China. It is a mechanical capsule from Japan. Putting a coin and twisting a circle to produce an gacha is allowed by default in China and most countries. It is a kind of mechanical equipment, a mechanical twisting machine. Domestic merchants such as we have made in-depth research on the twisting machine and made it. Smart capsule machine, this one is entertainment equipment.
Netizens' views:
1. The twisted gashapon machine is an entertainment device, not a dubo behavior, so it is a legal operation. If the business site where you have requirements, you need to go through the relevant procedures, such as the lease of the venue needs to handle self-employed people, the nature of toys and toys wholesale and retail.
2. The twisted gashapon machine took root in the Asian market at the earliest. Because most of the snacks were placed in the early days, it was known as "candy machine" and "capsule machine", and was popular with young people and children. So it is a legal operation. It belongs to entertainment equipment, so it is legally operated.
Some high-end shopping malls have many procedures, need more information, have trouble running procedures, and need business licenses or information from the Ministry of Culture. This can be said to the salesperson who bought the machine. This type of capsule machine belongs to a segment of entertainment equipment. Entertainment equipment, entertainment Equipment used in entertainment venues must be approved by the Ministry of Culture. "At present, these approvals are all done by the cultural bureaus of the districts, and can only be operated after approval. After the applicant submits the application materials, the relevant departments will conduct a site survey and test the relevant equipment to apply for the "operating license." The officer said. If it is put in the mall supermarket procedures are simpler. Therefore, the procedures for operating a capsule machine are as simple as asking the manufacturer who purchased the machine, which will generally be given to you.
Is the capsule machine illegal or not? What we said or listened to from netizens is not considered as follows:
However, according to the Law of the People’s Republic of China on Public Security Administration and Punishment, if du-bo tools are provided or chips need to be exchanged to enter the market, such machines with selected odds and large-scale functions are illegal and should be confiscated and destroyed. Penalize relevant responsible persons.
This type of machine is generally called the old hu machine, which is illegal and has the nature of du Bo.
Extended data
The analysis of the illegality and unlawfulness of the gashapon machine is as follows:
1. The capsule machine is an unmanned vending machine for capsules. There is no skill or luck to play capsules. If you scan the code and pay successfully, you will have to lay a gacha. There is no probability that our machine will successfully lay gachas. Putting more than one twisting machine in the mall, playing a dozen yuan or more is a kind of mechanical equipment for selling gachas.
2. According to the Notice of the Ministry of Culture on July 5, 2000, the General Office of the State Council forwarding the opinions of the Ministry of Culture and other departments on the special governance of electronic game business places (Guobanfa (2000) No. 44), the definition of profiteering opportunities is as follows
(1) Mahjong machine, playing card machine, slot machine, Apple card machine, March 7 machine, 97 star machine, horse race machine, billiard machine, large mahjong combination machine, large warring States Fengyun combination machine, large poker combination machine, playing cards , Big Mary Machine, Little Mary Machine, Cosmic Ball Machine, Small Rocket Machine, Guessing Machine, Blowing Machine, Kid Machine, Tossing Machine, Fire Ring Machine, Money Changer
(2) Animal ring machine, animal champion machine, fantasy gyro machine, binge machine, starry machine, slot machine, doctor hat machine, boxing machine, turntable machine, coin machine, doll machine, bubble dragon machine, Ace showdown machine, Monopoly machine, Chinese hoe earth machine, golden tricolor machine, king song machine, super grand slam machine, dragon and tiger competition machine, match mahjong machine, electronic base machine, slam fortune machine, golden hoist Machines, Flower World Machines, Digital Paradise Machines, Tumbler Machines, Grid Machines, Cartoon World Machines
(3) Crown Train, Oriental Pearl Machine, Taishan Chuangtian Shutdown, Xiantao Orchestra Machine, Panda Paradise Machine, and all other electronic game machines with functions such as currency refund, billiards rebate, lottery tickets, screen scoring, etc. If the above-mentioned game console is found in the special governance work, it will be regarded as a du console.
3. The twisted gashapon machine is not a profiteering machine, but if it is not filed with the local industry and commerce department, it may be investigated and dealt with. It is an illegal operation.
Extended information:
(1) Illegal acts are also called "invalid acts". An illegal act. Acts that violate the law. The difference from the objectively illegal behavior is that the perpetrator made a subjective fault when carrying out the behavior, thereby infringing upon the social relations protected by the law. Subjective faults refer to two subjective states of intentional or negligent. According to the nature of violations, violations can be divided into criminal violations, civil violations, economic violations, administrative violations, etc.; according to the degree of violation of society, violations can be divided into general violations and serious violations (crimes).
(2) Violation of laws refers to violations of existing laws that cause some harm to society and faults. According to the severity of the circumstances, illegal acts are divided into general illegal acts and serious illegal acts (ie criminal acts). According to the laws they violate, they can be divided into administrative violations, civil violations, criminal violations and unconstitutional actions.
(3) The concept of illegality is divided into broad sense and narrow sense. Illegal in a broad sense refers to all violations of current laws, including general violations and crimes. A narrow sense of illegality refers to an act that seriously violates the law but does not constitute a crime. We are discussing illegality in a broad sense here.
(4) The connection between illegality and crime is that a crime must be illegal, but a crime does not necessarily mean a crime. The difference is that the degree of social harm of crime is more serious than that of illegal acts. Most criminal acts bear criminal responsibility, and illegal acts bear administrative or civil liability.
(5) There are differences between illegal acts and other acts. First, illegal behavior is different from unethical behavior. Many illegal acts are criminal acts, but also unethical acts. However, not all illegal acts are unethical. Similarly, some unethical behaviors do not constitute illegal behaviors.
(5) Secondly, illegal acts are different from legally invalid acts. Illegal behavior can of course not happen The effective result affirmed by the law when the perpetrator commits the illegal behavior. However, it cannot be considered that acts that are legally invalid are illegal. Although some legally invalid acts have no legal effect, they do not constitute illegal acts.
The regular production and operation of the capsule machine is legal. The gashapon machine is just a mechanical device, which itself does not harm others, so it is not illegal.
Illegal refers to the behavior that a specific legal subject (individual or unit) implements or causes due to a subjective fault, has certain social harm, and should be held accountable according to law. The capsule machine does not have this nature, so the capsule machine is not illegal.
