Research On Judicial Determination Of WeChat Red Packet Gambling

In recent years,with the development of "Internet +" technology,we have entered the Internet age from the information era.As a result,the traditional gambling activities have also changed.Driven by the huge profits of gambling,some unscrupulous elements make full use of Internet Information Technology,Not only to establish a website gambling,but also to organize gambling with the WeChat platform.WeChat Red envelopes came into being with the development of mobile Internet technology.The new mobile payment method has become a breeding ground for gambling crime while enriching people's lives.Wechat,Red packets or more than the size,guess the number of ways to organize gambling has become an important means of profit-making for some criminals.Article 303 was amended in the Criminal Law of 2006.Based on the crime of gambling,the crime of opening casinos was added,the "establishment of casinos" was taken as a special criminal act,and academics' criminal charges against those who set up casinos and gamble Relations have produced different opinions,in practice it is difficult to distinguish.WeChat red packet gambling is a new type of gambling.Unlike gambling in reality,gambling players are gambling in the micro-channel group,which is a virtual cyber-space.At the beginning of the legislation of criminal law of our country,the traditional gambling is regulated.In 2010,the judicial The rules of interpretation are website gambling.The existing criminal law and judicial interpretation have different understanding of academic and judicial practice when applying the new gambling method of WeChat red packet gambling.Some believe that the WeChat red packet gambling should be found as a crime to open a casino,while others think the WeChat red packet gambling should be found as a crime of gambling.I agree that the crime of establishing a casino.Therefore,the article intends to gamble crime theory as the foundation,with the relatively mature network gambling theory point of view,to explore the characteristics and types of WeChat red packet gambling,to make a detailed analysis on whether or not to condemn it,constitute what sin and further analyze WeChat red packet gambling May be involved in other criminal acts,with a view to the current judicial practice to improve some theoretical implications.