| With the continuous advancement of Internet technology,WeChat,an intelligent social software came into being,and its rich functions have greatly facilitated people's lives.However,technology is a double-edged sword.Criminals with ulterior motives use the social,transfer and payment functions that come with the WeChat platform to set up a WeChat group specifically for gambling activities.Their behavior has been in line with the basic characteristics of gambling crimes.Online gambling crime.Although China's criminal law establishes the crime of gambling and the crime of opening a casino,it was only aimed at traditional gambling crimes at the beginning of its establishment.The "Opinions on Several Issues Concerning the Application of Laws in Handling Online Gambling Crimes" issued in 2010 made more detailed regulations for the first time in online gambling,but it mainly aimed at website-based gambling.The lag of legislation has led judges to exercise too much discretion in handling such cases,and the phenomenon of different judgments in the same case is extremely common.Therefore,in order to protect the legal rights and interests of criminal suspects and promote judicial justice,it is particularly necessary to conduct in-depth research on the conviction and sentencing of using WeChat red envelope gambling crimes.As a new type of gambling,WeChat red envelope gambling,of course,the reasonable regulation of this behavior also involves the timely follow-up of the relevant legislation and judicial interpretation of gambling crimes,limited to the length of this article.The first chapter is an overview of WeChat red envelope network gambling crime,and discusses the meaning,characteristics and types of WeChat red envelope network gambling crime.The second chapter describes the problems in the judicial determination of WeChat red envelope network gambling crimes.This article selects the typical cases of WeChat red envelope network gambling crimes and summarizes the judgment results in the form of charts,and concludes that such casesare in judicial determination Existing core controversial issues.The third chapter is the jurisprudential analysis of the judicial determination of WeChat red envelope network gambling cases.This article,under the basic theoretical framework of gambling crime,combined with the characteristics of WeChat red envelope network gambling crime to respond to the judicial difficult problems summarized in the previous chapter.This article provides countermeasures for the qualitative difficulties of such cases in judicial practice from the perspective of judicial application and related judicial interpretations. |
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