| With the rapid development of the social economy,the network has spread to thousands of households,The Internet has given people a convenient and fast way of life,and it has also spawned new forms of crime,The opening of casinos is one of them.Network casino crime has its own unique characteristics,it differs from the traditional casino crime in that it has remote control,strong concealment,low cost,high profit,large amount,and greater social harm,diversification,combined with the current criminal law in China,is too simple and rough to establish casino crimes,and there is no systematic judicial interpretation,the definition of normal business practices such as casino crimes and network game games,and the opening of casinos and gambling crimes,there are disputes over the distinction between gambling and gambling,which leads to the arbitrariness of judicial practice for crimes and non-crimes in such cases,the crimes and sins,and the severity of punishment.In view of this,this paper starts with the case analysis of the case of Sun and Huang,and through the definition of online gambling and game-based online games,the definition of network casino crime and the crime of gathering gambling,the legal analysis how should the case be characterized and sentencing.The full text is divided into introduction,body,conclusion,reference and acknowledgment,the main body consists of three parts:The first part is the basic situation of the case.It is divided into case,brief introduction,disagreement and focus of controversy,the focus of controversy is sin and non-crime,this crime and his crime,and the penalty sentence;The second part is the relevant legal analysis section.Taking Sun and Huang as an example,sort out the legal knowledge of the case in the identification,and explore the definition of online gambling and game-based online games in new crimes,that is,the distinction between entertainment and virtual currency exchange,standard.The definition of the crime of opening a casino and the crime of gathering gambling on the Internet,that is,distinguishing the specific identification in the case from the four elements of the crime,thus demonstrating the qualitative problem of the crime in the case;The third part is the research conclusions and prevention recommendations.The article clarifies the conclusions of the case study and believes that the case is consistent with the characteristics of the crime of opening a casino,the essence of the case is no different from the essence of the traditional casino crime,it is a new form of traditional crime in the network environment;At the same time,the author the theoretical analysis of the establishment of the casino "serious situation" can not refer to or apply judicial opinions,and should be specifically analyzed in specific cases;Finally,in view of the problems arising in the identification of this case,we should make preventive suggestions from the improvement of legislative justice and the strengthening of administrative supervision. |
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