Criminal Cybercrime

Online gambling behavior is different from traditional gambling behavior.Traditional gambling behavior uses Internet technology and platform to implement online gambling and network traditional gambling behavior.The new online gambling behavior relies directly on Internet technology for development,and the use of the network platform for operation is more harmful to society.In order to solve the increasingly prominent problem of online gambling behavior,the National People's Congress,the State Council and its ministries and commissions,and the two high-level laws and regulations,regulate online gambling behavior.However,the above legislation and norms do not directly stipulate online gambling crimes,which seriously affects the identification of online gambling crimes.The existing legislation on online gambling crimes is too light for online gambling crimes,and it is difficult to shock online gambling criminal activities.In the judiciary's identification of online gambling crimes,the criteria for determining gambling and serious circumstances are still not clear enough.In order to solve the problem of online gambling crimes,China must proceed from China's legislation and judicial practice as well as the extraterritorial legal experience.Countries such as the United States,Russia,and India have legalized online gambling in specific regions.Sweden,Italy,and France have required legalization of online gambling under certain conditions.However,in the United States,Germany,Japan and other countries,the country's overall legislation has criminalized online gambling.According to the national conditions,China can appropriately absorb the extraterritorial legislative experience suitable for China,and promote the regulation of online gambling through legislative and judicial coordination.Specifically,China should establish a separate online gambling crime in the Criminal Law to clarify the subjective and objective elements of online gambling crimes.Under the existing Criminal Law's gambling crimes,the maximum penalty for online gambling crimes should be re-set by modifying the gambling crime clause,and the recidivism of the online gambling crimes and the aggravating circumstance should be set up,so that the penalty punishment is consistent with the criminal responsibility.Adaptation principle.As the accreditation body of online gambling crimes,the judiciary should clearly define the standards for online gambling crimes,non-crime,and joint crimes,type the online gambling crimes,use online gambling as a crime,and open online casino crimes.