A Case Study Of Crime Of Setting Up A Casino About Xie Mou And Others

As a new type of gambling way,WeChat red envelope gambling has become increasingly popular,which has a negative impact on China's economic and social order to a certain extent.In serious cases,it even satisfies the constitutive elements of gambling crimes.By analyzing the characteristics of WeChat red envelope gambling,combined with the legislation of gambling crimes in China and the relevant research status at home and abroad,we can find that it is more difficult to investigate and deal with WeChat red envelope gambling crimes than traditional gambling crime cases.This article combs the basic situation of the case of Xie Jianjun,Gao Lei,Gao Erjun and Yang Zebin opening casino,and analyzes the two controversial points in the case.Then we proceed from the case and discuss the legal application of the WeChat red envelope gambling crime and the identification of the principal and accomplice in jurisprudence.Among them,by comparing the nature of the crime of opening a casino and the crime of gambling,it is clear that the boundary between the two lies in the business nature and organizational structure of the casino.According to the role of different roles in WeChat gambling crimes,we can deal with the principal and accomplice problem of the case.In addition,WeChat red envelope gambling is often in awkward position when applying relevant regulations.It is recommended to strengthen legislative interpretation,improve judicial interpretation,and define common crimes in gambling crimes.