Research Of The Judicial Cognizance And Legislative Perfection Of Internet Gambling Crime

With the development of society, the use of network has become more popular, which gives rise to a variety of means to committee crimes through the network. The most common kind which also attracts the most attention among those crimes is the internet gambling crime. Through the analysis and discussion of the internet gambling crime, I hope to find some solutions to improve the criminal law relating to internet gambling crime, thus to give a pure network environment back to netizens.Internet gambling crime takes the progress of science and technology as the developmental platform. The relation between those two is “parasitic”. Different from many other crimes, internet gambling crime has such features as it is highly concealed, the detection of it is very difficult, it usually spans virtual and realistic areas and it is of high social harm. Looking through the case file of internet gambling crime of recent years, we can easily find that the crime rate and the amounts involved are on the rise. Some gambling sites’ amount is so high that it reaches 1 billion yuan, which is really frightening. Some cases such as Tai Yangcheng, Le Tiantang, Meng Tiantang and etc are of high social influence. internet gambling crime is a kind of newly appeared crime with the development of society. This paper gives a analysis of online gambling from three aspects. Through the detailed analysis from the three aspects, we can easily summarize the harmfulness of online gambling. Based on the existing legal provisions, I will put forward some humble suggestion. I hope through legal sanctions, more cyber crime can be prevented. The main reason for online gambling is that it is profitable. How to cut the benefit chain is of premier importance in the analysis. The main three parts of this paper are as follows:Part1. Internet gambling and its harm.Internet gambling crime is different from the normal gambling crime. There are similarities as well as differences between the two. Through the comparison of the two kinds of crime, I will summarize what is internet gambling crime and its’ extent of harm in the definition and features of cyber crime.Part 2. The criminal constitute and judicial cognizance of internet gambling crime.The second part is the main part of analysis. In this part, I will define what is internet gambling crime, through the combination of theory and practice ― the combination of criminal law theory and criminal cases. At the same time, by defining the amount of gambling, the attributes of online games, characteristics of the internet gambling crime and etc, I hope we can identify Internet gambling criminal acts more accurately. This provides judicial practice and legal application.Part 3. The current legislative status of internet gambling crime and the legislative perfection of our country.Firstly, I summarize and analyze the legal provisions related to internet gambling crime, and give a brief discussion. Combining the contradictory problem that legislative status does not match the internet gambling crime reflected in part 2, I conclude that the legislation related to internet gambling crime is not perfect.After finding the problems, I put forward several solutions actively. I hope through the harsh punishment to internet gambling crime, we can give a pure network environment back to netizens.