| WeChat red envelope gambling as a new way of gambling,in today' s society has a growing trend.Compared with the traditional gambling behavior,this method of gambling using WeChat group has the characteristics of strong concealment,simple and quick operation,fast propagation speed,and is not limited by time and space,and it is because of these characteristics that the use of WeChat group Red envelope for gambling is greatly loved by gamblers.This special way of gambling is more harmful than traditional gambling behavior,and the negative consequences for social order are more serious.Therefore,in-depth study of this new type of gambling has become urgent and important.In the theoretical and judicial practice of our country,the qualitative problem of the gambling behavior of WeChat red envelope has always been controversial.The main controversial issues include the characterization of the crime of WeChat red envelope gambling,the amount of gambling capital,the identification of joint crimes,and the legal status of related participants in joint crimes.The root cause of solving these problems is to have a comprehensive grasp of the crime and non-crime of the gambling behavior of WeChat red envelope.It is necessary to distinguish and identify the crime of gambling and the crime of setting up a casino accurately.The two have some similarities,but there are also many differences.If we want to be accurate about the gambling behavior of WeChat red envelope,we must understand the crime of gambling and the crime of setting up a casino correctly and deeply.This is the key to solve this kind of problem,and it is also the focus and difficulty.In theory and judicial practice,there are three views on the characterization of WeChat red envelope gambling behavior.The first view is that this kind of behavior conforms to the constitutive elements of traditional gambling crime and should be convicted of gambling crime;The second point of view is that,in comparison,WeChat red envelope gambling is more in line with the constituent elements of the crime of opening a casino,and it is more appropriate to identify it as a crime of setting up a casino;The third view combines the former two,arguing that it should not be unilaterally classified as a crime,but that the judge should be given the discretion to decide on the merits of the crime.That is to say,this kind of case can not only be convicted of gambling crimes,but also can be punished for the crime of setting up a casino.What kind of crime is the punishment for it,depending on the specific case.The above three views are the main points of view at present.Because of the judges 'insistence on the view and the different understanding of the crime of gambling and the crime of setting up a casino,there is a situation where the same case is different.This article takes the case with certain typical character as the research angle,carefully studied our country's existing theoretical research achievement,combined with our country5 s criminal law and its amendment and judicial interpretation,after the case analysis and argumentation thinks.The act of establishing WeChat Group and using it to gamble should be characterized as the crime of setting up a casino.In addition,in addition to the founders of the WeChat Group,there are many other subjects involved in such crimes,including managers,participants,contract distributors,and suppliers of WeChat software platforms.Because these subjects play a large or small role in WeChat Red Bags gambling,whether they constitute crimes,whether they constitute joint crimes,and how their legal status in joint crimes are also the focus of this study.Finally,gambling crime belongs to the amount of crime,the amount of gambling as an important basis for conviction and punishment,need to be accurately calculated.In traditional gambling crimes and online gambling crimes,the amount of gambling is reflected in real money,chips or“points”·The criminal law of our country and its judicial interpretation clearly stipulate the basis and method of calculating it.However,the amount of gambling in WeChat's red envelope gambling is very special.It is not reflected in traditional real money and chips,and there is no so-called“points”in online gambling.It is embodied in the form of a WeChat red envelope.How to determine the amount of gambling in our country's criminal law and its judicial interpretation has not been stipulated.How to calculate the amount of gambling in WeChat red envelope gambling has become a difficult problem in judicial practice.This article will also discuss this.In short,this article makes an in-depth study of the qualitative problem of WeChat Red Bagging with the help of typical cases,hoping to contribute its own strength to the settlement of such cases and judicial justice in judicial practice. |
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