Study On The Application Of Network Gambling

In June 2016,I chose the subject of graduation thesis,after querying and reading many documents,booking for a long time,which has not yet received,I have once got bruised.Zheng Wei teacher held a seminar at the meeting,Mr.Zheng talked about his recent agent,that the case met many difficulties.Suddenly realized,as if i find a life-saving straw.So after the meeting,I surf the Internet to collect a lot of information on the collusion of the crime,found that the existence of the crime and the practice of serious dislocation of the situation lack theoretical research and practical application have much trouble.As Zheng Wei said: "Criminal law,like branches of tree,composed by numerous leaves,only after studying each of them carefully can we understand them." However,in the teaching process of criminal law,few teachers mentioned the crime of collusion and even ignored the charges,which led to the concern of the charges very limited.I believe that every crime has the value of research,even if it belongs to the unpopular charges,so I choose the crime as the object of graduate thesis research.China's development of the market economy originated in 1978,open up the domestic economy,accompanied by not only the rapidly economic take-off,but more closely link with the market economy in the form of economic crime.With unfair competition means to undermine the fairness of the market economy,open and fair competition order,collusion tender as one of the illegal acts tend to increase day by day.In China,more than 600 cases of the limited competition,in 1996,the collusion of collusion cases only have 23,and the collusion tender case shares of less than 1%.At the end of March 2012,there were 21766 violations in the scope of the construction of the project,and in these cases there were 3305 tenders and only 15.2% of the total tender.Only ten years time China collusion bidders have increased thousands of pieces.Although the "Criminal Law" in 1997 had formally written it into the criminal law,and the Supreme People's Procuratorate,the Ministry of Public Security "on the jurisdiction of the public security organs of criminal cases on the prosecution standards(2)" Article 76 shows the collusion Crime prosecution standards,the contradiction between the complexity of the offense and the simplicity of the legislative provisions leads to the confusion in the application of the crime.In judicial practice,the doubt about the offense should not be attributed to the shortcomings of legislation and eager to introduce more laws and regulations or judicial interpretation,but should be more attention on how to understand and use the existing criminal law theory and laws and regulations,and then serve the practice of criminal law.In this writing,the author will begin from the practice point of view,what's more,collusion of the existing relevant laws and research results are summarized on the basis of combing the case with the practice of difficult problems in-depth analysis.Up to now,most of the research on the crime of collusion in our country has focused on the concept,constituent elements and accomplice problems.But the research on how to convict the subject identity problems of collusion bail crime is not enough.The research on "seriousness of the crime" focuses on positioning,and the research on the problem of identification is not enough too.For the question of the direct economic loss of collusion betting,There are only a few articles related to the discussion.I use the case analysis method,comparative research method,summarize the crime of collusion on the crime of the problem analysis,the tender agency,borrowed after the qualification to be anchored in the name of the institution or individual Whether the three types of subjects can become the subject of collusion banning,unit crime and individual crime screening,"serious" positioning and discrimination,the amount of direct economic losses to determine the collusion of the crime and the boundaries of neighboring crime,and this article analyzes the problem of accomplice of this crime,so as to provide some ideas for the application of the justice.To sum up,the above is the main content of this article,in which chapters 2 and 3 are the key chapters.