Research On Some Problems Of Network Gambling Crime

Gambling behavior is almost with the history of the development of humancivilization. In our country to crack down on gambling behavior is also a legaltradition, almost never stopped to crack down ambling behavior. But with therising and development of network technology, along with the modern financialtechnology and communication technology, a new form of gambling crime--network gambling was born. Due to its characteristics of network technologymade the network gambling have different characteristics from traditionalgambling crime. And the spread and harm is far greater than the traditionalgambling crime, its influence has caused the attention of criminal law.In the face of the emerging crime, China’s criminal legislation in responseto this crime time appears some lag, so it brought many difficulties to thecriminal justice and many differences in the theory of criminal law. In this paper,the author, attempts from our country criminal law perspective, based on theanalysis of the characteristics of network gambling, combined with the current problems exposed in the process of fighting against gambling crime, to make aobjective study and exploration on some problems of the legislation andjudicature of network gambling, strive to make our own the most efforts for thenetwork gambling legislation.In this paper, the structure is divided into five parts:The first part is an overview of gambling crime. In this part, the authormainly made a research on the overview in three areas. First of all, author tracedthe history of network gambling at home and abroad, then, gave the concept ofgambling; and then, focused on the history and tradition about the legalregulation of gambling in our country; finally, analyzed the present situation ofnetwork gambling crime, combining with recent years’ result of fighting againstthe network gambling.The second part is about the characteristics of the network gambling crime.The author contrasted the forms of the network gambling and traditionalgambling, combined with the features of the modern network technology, thensummarized the characteristics of network gambling: virtual, imperceptible, the crime is low in cost, caused great harm, not easy to investigative.It not onlyshowed the necessity of fighting against network gambling, but alsostrengthened the operability of judicial.The third part is about the analysis of the objective elements of the networkgambling crime. In this part, the author made a research on whether separatenetwork gambling from traditional gambling, organizing gambling on thenetwork, network gambling as the occupation, opening a casino and so on, fromthe angle of criminal constitution theory. At the conclusion of judicialdifferences based on the above problems, the author made a comprehensiveanalysis and put forward his own opinions.The fourth part is about a research on related problems about the networkgambling crime. This part is the main part of the article. In the part, the authormainly made a thorough research on several common controversial problemsabout the network gambling crime, Including: whether considered the networkgambling as a crime, research on difference about network gambling crime andthe crime of fraud, research on joint network gambling crime, the criminal jurisdiction of network gambling crime. The author not only analyses thereasons of these problems, but also put forward the judicial operationdifficulties.The fifth part is about some countermeasures about network gamblingcrime. Based on the present situation and judicial dilemma of the networkgambling, the author put forward some countermeasures and suggestions toprevent gambling, in view of the criminal legislation, criminal justice, socialcontrol and international cooperation.Finally, because of the author’s research level and limited ability, the depthand breadth of the research have many limitations, which is also the defects andregret of the article.