| The gambling crime in the form of WeChat red envelope is a new type of online gambling crime developed in recent years.Compared with other forms of gambling crimes,it has its own characteristics.At the same time,from the perspective of relevant judicial interpretations,there are still some shortcomings in the regulation of WeChat red envelope gambling crimes,and the difficult problems in the judicial application have not been clearly stated.Therefore,in order to better regulate the WeChat red envelope gambling behavior,analyze and solve the problems arising in the judicial application,and facilitate the correct and reasonable conviction and sentencing.The purpose of this paper is to analyze and solve the judicial problems in the WeChat red envelope gambling crime case,and to improve the regulation of such behavior.The first part mainly introduces the connotation and extension of WeChat red envelope gambling behavior and the types and behaviors of such gambling crimes.Through the research on the characteristics and gambling methods of WeChat red envelope gambling behavior,we can have a preliminary understanding of the manifestation of this type of crime.On the one hand,we can have a correct understanding of WeChat red envelope behavior,on the other hand,we can also deeply understand the use of WeChat.The difference between gambling in red packets and online gambling and physical gambling.The second part points out the judicial problems faced in the current WeChat red envelope gambling crime and analyzes them.Since the advent of WeChat red envelope gambling crimes,there have been many controversial issues.The earliest and more controversial issue is the identification of gambling behaviors using WeChat groups.This type of gambling behavior is controversial in the actual jurisprudence.Under such circumstances,there will be a judicial situation with different judgments in the same case,so it is necessary to conduct an in-depth analysis of the identification of WeChat red envelope gambling behavior.In the recent Criminal Law Guiding Cases No.105 and No.106 of December 25,2018,there were guiding decisions on two types of WeChat group gambling,but for this reason we still need to analyze it in order to better understand its The intent of the guiding case is to effectively combat such criminal acts.Secondly,in view of the fact that the employment form of the WeChat group in WeChat gambling crimes is unconventional,it is impossible to evaluate whether each person's behavior is jointly committed with the organizer,and it should be evaluated according to its role in the gambling process.Finally,judging from the determination of the amount of crime,some of the money transactions in such gambling crimes are included in the determination of the amount of crime.Due to the unique bonus system existing in the WeChat red envelope gambling crime,the identification of tap profit and gambling has been difficult.In order to give criminal suspects a correct and reasonable conviction,it is urgent to solve these problems in the judicial process.The third part mainly puts forward simple suggestions for the regulation of WeChat red envelope gambling crime.Based on the purpose of safeguarding human rights,we put forward our own suggestions for effectively regulating WeChat red envelope gambling crimes.It is clear that the relevant judicial application issues will have a clearer direction for the administrative organs to combat such crimes and avoid confusion.It is expected that through a more in-depth study to solve the new criminal form of WeChat red envelope gambling,it can also provide reference for the hidden dangers brought by the future intelligent era,so that people can correctly use the new technology brought by the intelligent era and create through their own efforts.Wealth,not illegal activities. |
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