Study On The Application Of Network Gambling

Network gambling refers to modern network communication technology and electronic financial means of payment for the support of the new type of gambling, form different, hierarchy tight. Recently, more to the trend of micrometastasis in letters to clients and other emerging media, serious interference the healthy development of China’s economic and social order. In 2010 the Supreme People’s court and the Supreme People’s Procuratorate, Ministry of Public Security issued the opinions on Several Issues concerning the application of law in the handling of criminal cases of Internet gambling, in Article 303 of the criminal law and in 2005 the on Several Issues concerning the specific application of law in the handling of criminal cases of gambling interpretation, the legislative basis for the first time, specific for the judicial practice in processing of criminal cases of Internet gambling provisions.For some combat practice appeared in the phenomenon of poor, judicial staff should not be completely attributed to the legislative defects. On the one hand, traditional gambling and online gambling actually in essence is the same, Internet gambling is not beyond gambling crime and the scope of the crime of opening casinos; on the other hand, compared to similar network prostitution behavior is still a lack of specific provisions, countries on online gambling behavior existing legislation and judicial interpretation has relatively very detailed and specific. Focus of our current thinking about and should not be put on how to amend the legislation or intensive introduction of judicial interpretation, and should be placed on how to apply the criminal law theory of legal interpretation in the framework of the existing legal provisions, to guide the judicial practice, clarify the application problem.Therefore, the author in the framework of the existing legal norms, problems exist in the understanding and application to current legislation and judicial interpretation were combing and criminal law study, the level is limited, if can be for the field of judicial practice, apply the relevant provisions of the criminal law provides the spark of a two ideas and a relatively clear scale is satisfaction and gratitude.Compared with the traditional online gambling gambling presents new and different interpretation elaborates the concept, network gambling type and development by using the method of comparative study in this paper, the related problems of determining and then focus on the specification through literature research method, research method and case study method on 2010 the "opinions" to "open online Casino crime and complicity in detail, including network gambling, casino crimes, the applicable proxy gambling sites to identify the behavior of network gambling, casino crimes and the" criminal law amendment(nine) "the new" illegal use of information and network crime "and application of online casinos in charge of gambling behavior and help the accomplice of advertising behavior more controversial issues of interpretation, in addition, the" opinions "not involved" Gambling "," to apply the gambling industry "the crime of gambling crime in the Internet gambling were discussed, finally came to a hot micro red group gambling the network gambling crimes in the judicial qualitative analysis made simple discussion.Above is the main content of the article, around the application of criminal law to the Internet gambling writing, especially to the second and the third chapter discussed and dwell more chapter.