| With the development of information technology and the convenience of the Internet,gambling,a traditional crime,has seen new development in the new era.The use of modern network communication technology and mobile payment means has led to the emergence of various forms of online gambling.From the very beginning of the gambling website to the use of social media such as We Chat for gambling crimes,gambling and casinos have been repeatedly banned,which has seriously affected the stability of the social order in China.In 2010,the supreme people's court,the supreme people's procuratorate and the ministry of public security issued the opinions on several issues concerning the application of laws in handling criminal cases of online gambling,which specifically provided guidance for handling criminal cases of online gambling in judicial practice.However,the judicial interpretation is more than 10 years old,when the Internet gambling was mainly in the form of gambling websites.Nowadays,mobile phone software,social media and so on can be used for online gambling.For all kinds of new forms of network casino crime,the judicial practice will inevitably encounter a variety of problems.But there isno fundamental difference between running a casino online and running a casino in real life.Running a casino online does not go beyond the crime of running a casino.Moreover the country also issued the judicial explanation that aims at the network gambling crime.Therefore,when we encounter problems in practice,we should not blame the lack of legislation and think about amending the law or introducing new laws.Instead,we should make good use of legal theories and interpret and apply laws to guide judicial practice under the existing legal framework.Based on this,the author tries to understand and apply the existing legislative and judicial explanationsThe level is limited.If it can provide a little function and satisfaction for the application of relevant criminal law provisions in the judicial practice field.The writing of this paper mainly focuses on the conviction,sentencing and joint crime of network casino crime,the article is divided into three chapters.Overview of the first chapter is mainly to online casino,on the analysis of the academic point of view and judicial status quo,to define the concept of network gambling crime,think that the Internet gambling behavior refers to behavior person in his own disposal,the use of the Internet in cyberspace set bet bets or tap from the bet of others behavior.Based on this,this paper analyzes several common situations of network opening casino,and discusses whether they are guilty of opening casino.At the same time in the We Chat grab red envelope form of online gambling to distinguish between crowd gambling and casino.In the clear how to correctly identify the crime,to accurately carry out the sentencing.The second chapter mainly focuses on the crime of opening a casino sentencing elements "serious circumstances" to carry out an analysis,"gambling amount" and "gambling number" calculation,as well as the judicial interpretation of the "cumulative calculation" of thespecific application of the analysis,point of view.In the third chapter,this paper analyzes the problem of joint crime in the network casino,and mainly studies whether the four types of "labor and employment in the casino","usury in the casino","advertising for the casino" and "Internet service provider" are accomplices.This paper puts forward that the recognition of joint crime should focus on the behavior and subjective psychology of the actor,and through the study of these three parts,the paper forms a comprehensive understanding of the crime of network casino,which is expected to be helpful to judicial practice. |
PDF Full Text Request