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Empirical Research On The Crime Of Network Gambling

Posted on:2021-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:G H HanFull Text:PDF
GTID:2416330629982719Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,we have witnessed the rapid development of the network,especially the widespread promotion of 5G since 2019,which has made the network era more colorful.But at the same time,some criminals have begun to take advantage of the convenience of the Internet to carry out criminal activities,such as online fraud and online gambling.This article explores the criminal activities of online gambling,and explores a series of problems about criminal activities of online gambling.Nowadays,the development of cyber gambling crimes is becoming more and more rampant.Compared with traditional gambling crimes,it has its own characteristics.At the same time,relevant laws and regulations and judicial interpretations in China have insufficient restrictions on online gambling crimes,and difficult problems in judicial application have not been clearly stated.On the other hand,because online gambling is a new type of crime in the era of information intelligence,judicial practice has convicted it There are still many shortcomings in sentencing.Therefore,in order to improve the regulation of punishment for online gambling,this article analyzes and solves the problems in the application of justice to make the conviction and sentencing more reasonable.The purpose of this article is to analyze and resolve judicial issues that arise in online gambling crimes and to improve the regulation of such behaviors.In addition to the introduction and conclusion,the article is divided into four parts.The first part mainly introduces the general situation of online gambling behavior and the types and behaviors of this type of gambling crime.By studying the characteristics and gambling methods of online gambling behaviors,we can have a preliminary understanding of the manifestations of this type of crime.On the one hand,we can have a correct understanding of online gambling behaviors.The difference between gambling and physical gambling.The second part points out and analyzes the problems involved in the determination of charges in the current online gambling crimes.Since the emergence of online gambling crimes,there have been many controversial issues,such as the distinction between the crime of openinga casino and the crime of fraud,the distinction between the crime of opening a casino and the crime of illegal business.In this case,there will be different judicial situations in the same case,so it is necessary to conduct an in-depth discussion on the identification of online gambling.By analyzing the cases in the Judgment Document Network,the current status of the conviction of online gambling crimes is summarized.The third part mainly summarizes and analyzes the sentencing of online gambling cases by the courts in the actual judgment,and points out the existing imbalances in sentencing and the different standards of gambling capital recognition by local courts.The fourth part mainly puts forward some suggestions for regulating cyber gambling crimes.Based on the appropriate purpose of punishment,he puts forward his own opinion on the effective regulation of online gambling crimes.Clarify relevant judicial application issues,so that the judiciary has a certain reference when cracking down on this type of criminal behavior,and at the same time clarify the direction of the judgment to avoid confusion.It is hoped that through theoretical and practical research,online gambling,a new type of crime,will be clarified and understood.At the same time,it can also provide a reference for the hidden dangers of crime brought by the intelligent era in the future,and avoid making the Internet an extra-legal place for criminals Let the advantages of information technology be used in the socialist economic construction.
Keywords/Search Tags:Online gambling, Empirical Study, Conviction and sentencing
PDF Full Text Request
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