Study On The Application Of Criminal Law In Gambling By "WeChat Red Packet"

In 2005,the Supreme People’s Court and the Supreme People’s Procuratorate issued the Interpretation of Certain Questions on the Specific Application of the Law in Handling Gambling Criminal Cases.In 2010,the Supreme People’s Court,the Supreme People’s Procuratorate and the Ministry of Public Security jointly promulgated the Opinions on Certain Questions Concerning the Application of the Law in Handling Cases of Cyber-gambling Crimes.These two interpretations provided detailed rules for the problems of cyber-gambling at that time and provided guidance for the handling of cases of cyber-gambling crimes in practice.But with the rapid development of the Internet,new forms of gambling are constantly emerging,and the criminal law of using WeChat red packet" gambling is suitable according to the above two interpretations The problem is controversial.Based on the existing research results and combined with practice,this paper analyzes the application of criminal law using "WeChat red packet" gambling,and tries to provide a solution to the dispute problem in practice.The article is divided into the following three parts:The first part is the use of "WeChat red packet" gambling form and characteristics.Through combing the typical cases of the referee’s documents network,it can be found that the types of gambling behavior using "WeChat red packet" mainly include "red packet receiving dragon," buried thunder "," specific size "," bet type "," relying type" and so on.Summing up the commonness of the above behavior types,comparing the differences between WeChat red packet gambling and traditional online gambling,it can be found that the use of"WeChat red packet" gambling behavior has the characteristics of low organizational threshold,low crime cost,convenient gambling,convenient and mobile,personnel involved in wide,fast dissemination,many ways of trading,convenient capital exchange,difficult to crack down,and strong concealment.Adoption The typical case analysis found that the main disputes in the application of criminal law in the use of,WeChat red packet" gambling are the problem of finding the crime and the amount of the crime.The second part is the use of "WeChat red packet" gambling and gambling crime.In the judicial practice of using WeChat red packet as gambling crime,there are three main points of dispute:the determination of profit for the purpose,the determination of gambling behavior of gathering people and the determination of the amount of gambling.The method of presumption of subjective purpose by objective behavior can be used for the determination of "profit for purpose ".In the calculation of the amount of gambling money,the amount of red envelopes and bonuses issued by the organizers should be included in the amount of gambling money,and the amount of the draw should be included in the amount of illegal income,at the same time,to distinguish the amount of betting money from the amount of gambling money,so as to prevent double calculation.Judgment of Crime and Non-Crime in "WeChat Red packet" Gambling The key lies in three elements,namely,the distinction between profit purpose and entertainment purpose,the determination of "mass gambling" behavior,and whether the amount of gambling money meets the standard of admission.The third part uses "WeChat red packet" gambling and opens the casino crime.The use of "WeChat red packet" gambling in the conviction of the crime of opening a casino there are three controversial focus,that is,whether the organizer must have the"profit-oriented" subjective elements,whether the gambling WeChat group can be interpreted as a casino,the establishment of WeChat gambling group behavior can be considered as "opening a casino.This paper argues that the crime of opening a casino must be for profit;the "WeChat group" involved in gambling can be interpreted as the "online casino" stipulated in the current judicial interpretation,and can also be used as a gambling activity place,which is not fundamentally different from the traditional casino;the establishment of WeChat group using "WeChat red packet" gambling behavior should also belong to the opening of gambling Field,is attached to the online casino behavior.The criteria for distinguishing gambling crime from casino crime in "WeChat red packet"gambling are control theory,openness theory,stability theory,scale theory,openness theory is more reasonable and worthy of support.