Research On Some Issues Of WeChat Red Packet Gambling

The article 303 of China’s current criminal law, by 1979 the "the people’s Republic of China Criminal Law" article 168 modified, "criminal law amendment(six)" on the contents of the article was amended, will be split into gambling and Casino crimes two separate charges. The gambling has a long history in our country and is usual in our life,from the small bet for entertainment and killing time to the big bet that bet a lot of money; from the traditional rolling the dice to the cards、mahjong,then to the We Chat red packet gambling;from the legal lottery to the illegal gambling, the ways and intent that people take part the gambling is changing( we mainly refer to the illegal gambling). With the fast developing and improvement of the technology, the internet is changing the life of the people, however when we enjoy the advantage that it brings, the disadvantages exposure gradually. In life the gambling that people get together is decreasing, and the internet gambling is increasing, that means people make use of the large functions as the cloak of illegal actions. In a few years, We Chat is very popular, and more people take part it, We Chat red packet gambling is more serious.So firstly,the article take the theoretical knowledge and analysis of the traditional gambling crime as the foundation, then to research and acknowledge the We Chat red packet gambling completely and comprehensively. Secondly, because large people take part in the We Chat red pocket cases, so we should treat the main group, the managers, the people who stole the red packet differently, then we can analysis the members in Wechat meet the standards of joint crime or not. Thirdly to analysis the organize gambling and “the behavior of use the special software ”, if “the behavior of use the special software” accord the standard of the crime of fraud, we handle it with the fraud or not. Then,to analysis the amount in gambling of wechat red packet and the rewards should be put into the amount in gambling of Wechat red packet or not,in order to resolve the problems in practice. Finally, to analysis the other crimes that make use of the Wechat red packet maybe involve, for example Crime of fraud, Crime of bribery, illegal business and illegal pooling of public deposits crimes, so we can have more theoretical basis and practical basis.