| Under the background of the traditional crime’s comprehensive contact with the Internet,the cybercrime has changed from taking the internet as the crime object and the crime tool to taking the internet as the crime space,the crime of opening a online casino,which is closely connected with the network information technology and highly integrated with it,presents new characteristics which are different from the traditional crime of opening a casino,at the same time,the governance crisis brought about by this structural change makes the traditional postresponse governance model,which takes the political and legal organs as the main body of governance and takes case handling as the governance mechanism,unable to catch up,under the background of the modernization of the national governance system and governance capacity,it is urgent to promote the governance of casino crime from the real society to the cyberspace with the comprehensive,systematic and headstream governance ideas,establish a sound network to open a comprehensive control system of casino crime.Under the guidance of criminology theory,combined with case statistical analysis,on-the-spot investigation and indepth interview,this paper sums up the present situation and characteristics of the crime of opening online casinos,based on the research framework of criminology and the practice of governance,this paper probes into the causes of crime and seeks the countermeasures of crime control.This study is divided into five parts.Part I: Introduction.This paper expounds the background and significance of the research on the crime of opening online casinos,the present situation and review of the research at home and abroad,as well as the research methods and data sources of this paper.Part II: The introduction of the crime of opening online casinos.This paper analyzes the concept of the crime of opening online casinos,and defines the object and scope of this study.This paper holds that the crime of opening online casinos is a general term for the criminals to use the internet technology to organize gambling activities.Part III: the status quo and characteristics of the crime of opening online casinos.The statistical analysis of the cases collected by the judicial document network and the quantitative description of the relevant criminological indicators are carried out.Based on the statistical analysis of the case data and combined with the interview and investigation,the crime of opening online casinos presents that the main crime is mainly the unemployed young and middle-aged men with low education level,and the types of crime are complex and diverse,the crime method technique is strong,the crime harm degree depth scope wide characteristic.Part Ⅳ: The reason analysis of the crime of opening online casinos.Based on the theory of criminology and the practice of governance,this paper analyzes the reasons why the crime of opening online casinos has not been stopped.The individual has criminal intention because of the weak strength of crime restraining,and makes criminal decision according to the three reference points.The weakness of control power includes the network moral anomie,the lack of anti-gambling education,the lack of gambling mediation,etc.As the gatekeeper of cyberspace,the implementation of the responsibility of crime prevention and the obligation of law enforcement assistance is still not in place.Difficulties in Public Security Bureau criminal clues,electronic evidence collection and smooth execution hinder the maximisation of crime-fighting effectiveness;The concept of judicial rule of cyber crime is controversial,the special cybercasino and joint crime are doubtful,the penalty is not efficient and the related laws are limited.PartⅤ:The countermeasure analysis.It will be placed in the context of national governance system and governance capacity modernization,forming a multi-level,multisubject,cooperative,multi-governance pattern.From the construction of the network moral system,improve the ability of social security,increase anti-gambling to strengthen social prevention barriers;From the active involvement of crime prevention responsibility and passive response of law enforcement assistance obligations to implement network platform governance responsibility;In order to improve the efficiency of law enforcement of public security organs,we should optimize the methods of investigation,improve the level of evidence collection,strengthen the coordination of operations,smooth the link between execution and punishment to clarify the identification of special casinos and joint crimes,improve the efficiency of penalty application,strengthen international cooperation and so on to improve the effectiveness of the application of relevant laws. |
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