Research On Cyber Gambling Crime

With the in-depth development of the network society,it brings us great convenience in life,but also breeds a lot of criminal activities with it as the carrier,gambling is no exception in the cyberspace wantonly spread.The internet gambling crime breaks through the limitation of time and space with the help of the technological strength of cyberspace,presents an explosive crime situation,and brings severe challenges to the existing criminal legal system.Network gambling is presented in the world in a brand-new form of crime,which has the characteristics of strong concealment,numerous types,wide involvement and serious social harm.Therefore,in-depth analysis of the origin and development of online gambling crime,research and formulation of efficient and effective criminal measures to regulate online gambling crime is particularly important.At present,our country lacks the strength to crack down on the crime of online gambling,which is totally attributed to the defects of legislation,which is not rigorous in my opinion.One is essentially the same as traditional gambling,which does not exceed the scope of gambling crime and the crime of opening a casino;the other is that compared with other similar network crime,which has not yet been issued specific legal provisions,regardless of legislation or judicial interpretation,the existing legal regulation of online gambling crime in China is relatively complete.Therefore,the current consideration is how to use criminal law theory to explain and apply the law under the existing legal framework,so as to guide judicial practice more effectively,rather than how to amend legislation or publish relevant judicial interpretations intensively.This paper is mainly divided into four parts to write.The first part of the article elaborates the connotation of the crime of online gambling,from the guidance of the crime of online gambling to the definition of the crime of online gambling,analyses the characteristics of the crime of online gambling,and studies the underlying causes behind the crime.The second part analyses the elements of the crime of online gambling in detail,focusing on the objective aspects of the crime of online gambling.The third part analyses the identification of accomplice.It not only studies the accomplice in network gambling crime,but also involves the "one-sided accomplice" and "indirect principal offender" in network gambling.The last part of the article is the analysis of the strict conviction of online gambling crime,the corresponding criminal law regulation and the elaboration of the perfection theory of online gambling crime.Make every effort to formulate criminal policy for our country's network gambling crime.