Research On Judicial Application Of The Crime Of Opening Casinos In The Network

Gambling is a bad habit, in the fluke psychological drive exists in human nature since ancient times, China has banned gambling, but without success. In the gambling crime, crime of opening casinos do great harm to the society. With the development of computer network technology, some new network crime form appeared in front of people.In pursuit of high profits,the internet casinos behaviors are into the Internet space. Unlike traditional casino crime, network crime of opening casinos people use the virtual network space to open a casino is not restricted by time and space, low cost and strong invisibility, more easily lead to other crimes, the social harmfulness is larger.2005 “the Supreme People’s court, the Supreme People’s Procuratorate’s interpretation of several issues on handling Gambling Criminal Case ”in the provisions of the network to open a casino behavior, later in the "criminal law amendment"(six) will be separated from the crime of opening casinos gambling crime in 2010, “the Supreme People’s court, the Supreme People’s Procuratorate, the Ministry of public security joint issued on the handling of criminal cases of Internet gambling law applicable to a number of issues opinions" also provides for the network to open a casino behavior of some concrete problems. Network crime of opening casinos is a new form of crime in the crime constitution.There are some ambiguity on traceability standard, complicity. We need to further study.This paper is divided into four parts. The first part of this article introduced the properties of the behavior of opening casino in the network,Identified the act of opening a casino in the network, introduced the crime behavior modes, and analyzed the controversial issues of subjective condition.The author holds that intentional forms of network crime of opening casinos includes direct intention and indirect reason two kinds of forms, in the purpose of crime is not required for the purpose of profit.The second part is on the prosecution standard, the main part is about identification of the extraction of cognizance of gambling profits, the calculation,.the number of gamblers and determination of national staff participating in this kind of crime case.The third part is about the cognizance of complicity question, the author studied the network service provider, third party payment platform, agent, and behaviors of employed staff.The last part of the article is about the difference between network the crime of opening casinos and other crimes, the author studied the differences between the network crime of opening casinos and gambling crime, the crime of illegal business operation and the crime of fraud.