Research On The Crime Of The Lottery Draw Of The Live Platform

With the rapid development of Internet technology,cyberspace has gradually become an important area of production and life.The Internet space is constantly changing people's lives,and at the same time,it provides a breeding ground for some criminal behaviors.Many traditional crimes extend into the cyberspace through the Internet.Online gambling and the opening of casinos on the Internet are new criminal acts that are presented through network,which have a huge impact on preventing and combating corresponding crimes.Despite the two highs,the Ministry of Public Security issued the "Opinions on Several Issues Concerning the Application of Laws in Handling Cyber Gambling Crimes" in 2010,providing guidance for punishing criminal activities of online gambling.However,in practice,online gambling has the characteristics of diversified gambling methods,complicated gambling methods,and hidden gambling behavior.The situations stipulated in the judicial interpretation often do not correspond to the situation in practice.Many new gambling and casino behaviors cannot be accurately evaluated.It also makes many crimes out of criminal punishment,seriously disrupting the normal production and living order.This article takes the XX live platform prize pool draw as the research object,combines Zhou Ziyuan casino case,compares the two,combines the new characteristics of the prize pool draw,and analyzes the criminal nature of the prize pool draw.By referring to the monographs and articles of relevant scholars,we can accurately grasp the research focus of the article,find out the problems,analyze the problems and solve the problem research ideas,based on the current criminal law provisions and relevant judicial interpretations,and explain from the criminal law on the basis of the principle of legality of a crime.From the perspective of learning,the criminalization of the prize pool draw and the suspected crimes of various subjects are used as a typical template to deepen the understanding of new gambling and casino behavior in the network.In view of the crime of the live platform prize pool draw,this paper will carry out research according to the following ideas: Firstly,compare the casino case of Zhou Ziyuan and the prize pool draw of XX live broadcast platform,analyze the new characteristics of the prize pool draw method and the same criminal nature of the two cases.And put forward the core controversy in the case comparison process.Secondly,it responds to the core disputes in the case comparison,and analyzes the nature of the prize pool draw,the amount involved,the relationship between the live broadcast platform and the anchor.Thirdly,it analyzes the criminalization of the prize pool draw from the two aspects of the nature and form of crime,and finds out the legal infringement of the prize pool draw,and analyzes it from the perspective of the elements of crime.Finally,the author discusses whether the subject involved in the live platform prize pool draw is convicted,what constitutes a crime,and the possible joint crimes.Conduct detailed argumentation on the alleged crimes involving the anchor,live broadcast platform,live brokerage company,hiring staff to achieve reasonable conviction and sentencing.This article takes the XX live platform prize pool draw as the entry point,and hopes to analyze the nature of the criminal nature of the act,the guilty reasons and the suspects of the crimes,and analyzes the behavioral nature of the new online gambling and casino behavior.It can provide some theoretical help for combating new types of online gambling and casino entertainment,and it can be used as a reference for solving similar criminal law application problems.