Research On The Issue Of WeChat Red Envelope Gambling Crime

The crime of WeChat red envelope gambling which is a new type of online gambling crime has its own uniqueness compared with traditional gambling and online gambling crimes.At the same time,due to the existence of this special nature of the WeChat red envelope gambling crime,a series of theoretical and practical problems have emerged in the process of dealing with this kind of case.From the existing theories and laws of criminal law,it does not give a clear explanation for solving the problems in the WeChat red envelope gambling crime.In addition,from the perspective of judicial practice,WeChat red envelope gambling crime shows the tendency of accelerating diffusion at present.In order to restrain and combat this kind of crime,it is very important to solve the problem in the gambling crime of WeChat red envelope.This article intends to start with the existing the theory of criminal law and the relevant laws,besides,combining with the characteristics of WeChat red envelope gambling crime,to research on the problem deeply and detailedly that occured in this kind of case,which aims to contributing to the realization of human rights and safeguarding the judicial justice.The article mainly discusses the problems in these cases through four parts.The first part mainly introduces the characteristics of WeChat red envelope gambling,the way of gambling and its application in judicial practice.Through the research on the characteristics and the gambling methods of the WeChat red envelope gambling crime,we can have a preliminary understanding of the forms of the crime.In addition,in combination with existing judicial precedents,we can have a comprehensive understanding of the judicial status of the WeChat red envelope gambling crime on the one hand and on the other hand,we can also have a clear understanding of the problems in the handling of such cases.The second part discusses the qualitative problem of WeChat red envelope gambling crime.The correct identification of the nature of the case is the embodiment of the principle of legality,and it is also a requirement for the protection of legal interests and the human rights.From the appearance of WeChat red envelope gambling crimes,there is a huge controversy about how to quantify it.Judging from the existing discussions,the dispute is mainly focused on the crime of gambling and establishing casino.Since the great difference of the statutory sentence between the crime of gambling and establishing casino,the confusion of the application of the two crimes will be harmful to human rights.Therefore,for the WeChat red envelope gambling crime,the first thing is to have a reasonable definition of the nature of the crime.The third part focuses on the criminal form of the WeChat red envelope gambling crime.Judging from the specific contents,it mainly includes the issue of accomplices,the identification of gambling funds and the form of crimes.Firstly,from the issue of accomplices,the dispute mainly focuses on the identification of the relevant staff behavior employed in casino operations by the WeChat group.From a practical point of view,different judgments appear in the case.Under this circumstance,it is necessary to explore the root causes of different judgments in the same case.Secondly,in terms of the identification of gambling,the WeChat red envelope gambling crime is quite different from the traditional network gambling crime.In addition,due to the special bonus system existing in the WeChat red envelope gambling crime,it has caused difficulties in the identification of tapped profits and gambling funds.In order to realize the rationalization of sentencing,it is very necessary to explore this problem.Finally,considering the existence of group owners or organizers participating in crowd gambling in the WeChat red envelope gambling crime,there are also discussions on how to deal with gambling in the paper under the circumstances that group owners or organizers are convicted of the crime of establishing casino.The fourth part mainly deals with the sentencing of WeChat red envelope gambling crime and related procedural law issues.In this part,firstly,based on the purpose of protecting human rights,this paper sorts out the problems in the sentencing of WeChat red envelope gambling crime,and then puts forward its own thinking.Furthermore,on the issue of the criminal procedural law in the WeChat red envelope gambling crime,this paper mainly discusses the application of the jurisdictional dispute and electronic evidence in this kind of crime,and hopes to provide feasible suggestions for the smooth proceeding of the litigation activities.