Study On Virtual Gambling Crime

Gambling is an activity of winning or losing by the occasional decision. The act of gambling has a long history in China, incompatible with the socialist spiritual civilization. So the public authority must be to interfere with, use the criminal law to penal the gambling with social harmfulness. In 1997 Chinese Criminal Law stipulated three means of action including opening gambling houses, organizing gambling parties and making a living on gambling, and stipulated corresponding penalty. But with the instant development of society and the greatest invention of the 20^th century—Internet popular in the world, the tricks of gambling are continuously changing, the lawbreaker who seize the virtual technology using the Internet in gambling, which involve more and more areas and have had growing negative effects. Our current criminal law and relevant judicial interpretations of virtual gambling crime not keep pace with the times, not give full play to the function of penal gambling crime.Internet virtual gambling crime as a special behavior of gambling, have many issues worth exploring in the theory of criminal law or in the judicial practice. In this thesis, the author's position on an objective standpoint, analyses the concept and characteristic of the virtual gambling, and discusses the relevant theory and judicial practice on the basis of comparing with the traditional gambling crime. Finally, put forward my proposals to improving our virtual gambling legislation. This article is composed of three parts except the preface. Part one is the summarize of the virtual gambling crime; part two analyses some questions of virtual gambling crime; part three put forward legislation appraisement and proposals.Part One: General situation of the virtual gambling crime. This part gives a brief introduction of the history evolution and legislation of the traditional gambling crime, and studies the legislation overview of gambling crime in the major countries of the world. On this basis, the author sets forth the concept and the characteristics of the virtual gambling crime.Part two: the study of several questions of virtual gambling crime. This charter includes four contexts in detail. One is the objective elements of the virtual gambling crime. The author analysis some questions about the virtual gambling crime on the basis of the three modes of conduct which stipulated in the penal code: opening gambling houses, organizing gambling parties and making a living on gambling. Two is the research of virtual property, including the definition and value of the virtual property. Three is studies the common crime of the virtual gambling from the form of the common crime and the responsibility of the two accomplices issue. Four is the limits of virtual gambling crime, including crime or not crime, this crime or that crime, and so on.Part three: the legislation evaluation and perfection of the virtual gambling crime. This chapter analysis the shortcomings of present legislation through the Criminal Law Amendment (6) and the relevant judicial interpretations on gambling crime revised. And put forward some recommendations in order to perfect the virtual gambling crime.