Criminal Regulation Of Internet Gambling

Gambling as a bad habit appeared as early as ancient times and became a social nuisance in today's society.Since ancient times,China has never ceased the step to prevent gambling in all dynasties.The rapid development of internet provided convenience for the combination of internet and gambling.Lawbreakers seized this opportunity to introduce gambling into internet,which resulted in fast spread of internet gambling.Compared with traditional gambling,internet gambling apples high-technology and spans time and space limit;therefore,it is more secret and dangerous and difficult to monitor.Hence,it has gradually developed into a crime with severe social harmfulness but weak penalty punishment.To explore legislative status quo of internet gambling and propose corresponding legislative perfection suggestions are of great significance on governance internet gambling,perfection of laws and regulations and purification of social morality.In Chapter 1,the basic problems of internet gambling crime is explained.In respect of concept of internet gambling crime,in the view of the writer,internet gambling crime means natural person or unit opening internet virtual gambling house for internet crowd gambling and habitual gambling or provide service or help for internet gambling with internet as platform and with the third party financial institution transaction as method,which brings about severe impair on the nation,the society and individual and should be punished by criminal law.Internet gambling consists of APP software gambling,sport competition gambling,financial share gambling,internet game gambling,disguised lottery gambling,and WeChat red packet gambling,with four characteristics of cross time and space,covertness,accomplice and fraudulence.In chapter 2,the current legislative situation of internet gambling crime of China is discussed.China pays great emphasis on prevention of internet gambling crime,and has continuously perfected legal regulation on internet space crime,such as the Criminal Law,two judicial interpretations issued in 2005 and 2010,Internet Security Law of People's Republic of China and so forth,but legislative defects such as ambiguous constitutive elements of crime,imperfection of crime name system,over low penalty setting,limited applicable scope of internet security and others.In Chapter 3,suggestions on legislative perfection of internet gambling crime are proposed.First of all,perfect crime name system,increase common gambling crime,crime of independently opening gambling casino,and analyze one by one from four aspects of criminal law;secondly,optimize criminal law setting,it advises enhancing legal maximum sentence,reasonably allocate statutory sentence,change unlimited fine to multiple proportion fine,definitely confirm the sentencing criterion gambling crime;finally,propose the assumption of jurisdiction of internet space,it is suggested that eliminate the limitation on extraterritorial cyber crime in the Criminal Law but treat it equally as that of crime within territory,expand the applicable scope of Internet Security Law,participate or establish international convention for internet crime criminal jurisdiction and others.