Research On Network Gambling Crime

Online gambling crime is a feast combining traditional crime with modern technology,which shows the powerful destructive power of gambling crime with the help of new technology,and is a typical representative of online crime in the network environment.hoping to play a small role in controlling online gambling crime and regulating social atmosphere.This paper is divided into four parts to discuss.The first part is about the overview of online gambling crime.The basic concept of Internet gambling crime is mentioned.This paper holds that Internet gambling crime is the behavior of gathering gambling on the Internet or setting up a gambling platform by means of Internet technology,and using the third party to transfer funds.The main behavior modes include setting up a virtual casino on the Internet,providing help for the gambling platform,gathering gambling,etc.Compared with the traditional gambling crime,the online gambling crime mainly embodies three typical characteristics: concealment,small cost,large profit and group crime.There are four main forms of its expression: the networking of traditional gambling projects,the online gambling in social tools,the online gambling in online games,and the online gambling with virtual property as bet.At the end of this part,it also discusses the social harmfulness brought by online gambling crime.The second part starts from the current situation of legislation in our country,and summarizes the existing laws and regulations for online gambling crime in our country,such as the criminal law,the judicial interpretation of "two highs" and so on.At the same time,through the analysis of laws and regulations,it points out that the elements of the crime of online gambling are not clear,the penalty is set too low,the criminal jurisdiction and other legislative defects.The third part analyzes the current situation of judicial practice in China.This paper points out that there are different standards for determining the total amount of gambling capital in judicial practice,and discusses the identification of accomplices in online gambling crime in judicial practice.At last,it analyzes two confusing forms of online gambling crime in judicial practice,i.e.online gather ing gambling and online gambling.The fourth part puts forward suggestions on how to deal with online gambling crime from the perspective of legislation and justice.In the aspect of legislation,it is suggested that on the one hand,gambling should be inc luded in the regulation scope of the public security management punishment law,and the corresponding public security management punishment should be improved.O n the other hand,the highest legal punishment for the crime of opening a gambling house on the Internet and the crime of gathering people on the Internet should be improved,and the fine penalty for the crime of online gambling should be clarified.In the judicial aspect,it is suggested to standardize the judicial application standard of the amount of gambling money.Finally,this paper puts forward suggestions to solve the criminal jurisdiction of online gambling crime from the domestic and international perspectives,and suggests that China should change the traditional principle of protection jurisdiction and expand the scope of criminal jurisdiction.At the same time,through international treaties to strengthen international cooperation in the fight against online gambling crime.