Research On Motivation,Behavior And Governance Mechanism Of Opening Online Casino Crime

The development of Internet technology leads to the increasing needs of residents in terms of life entertainment and economy.Under the influence of external environment,participating in dangerous behaviors in cyberspace becomes an maladaptive strategy for individuals to improve their life satisfaction.The game state between the crime of opening online casinos and the crime governance of opening online casinos is aggravated.The crime of opening online casino in China has shown a continuous high incidence trend in recent years.The number of criminal cases of opening online casino ranked the second in the statistics of network crime cases from2016 to 2018,and the third in the statistics of information-related network crime cases from 2017 to 2021.In the past five years,the number of opening casino crimes in the national gambling crime cases is more than three times that of gambling crimes,and the number of opening online casino crimes accounts for nearly 40% of the total number of opening casino crimes and remains high.The opening of network casino crime is a serious threat to our country’s political and economic security,social stability and family harmony.However,the control effect of crime governance is not ideal at present.The crime of setting up a casino in the network environment has certain particularity in terms of psychology and behavior.How to carry out crime governance has become an urgent practical problem to be solved at present.In order to solve the deficiencies of relevant crime governance mechanism and governance system,it is need to find perfect countermeasures on the basis of empirical research on the formation mechanism of crime(include criminal motive and criminal behavior).According to the knowledge graph analysis of existing studies,the empirical analysis of psychological and behavioral influencing factors and mechanisms related to online gambling and the improvement of criminal law in the governance of opening online casino crimes are the focus of current academic circles.Existing studies have empirically tested the predictive role of several psychological factors on gambling behaviors,and analyzed the application of criminal legal system based on judicial practice.It provides an important reference for this study to analyze the motivation,behavior and governance mechanism of the crime of opening online casinos.However,the existing research has paid less attention to the overall decision-making process in the empirical analysis,did not customize the survey scale for the research object,and the analysis method could not consider the complex relationship between multiple factors at the same time,and less attention is paid to the formation mechanism and the improvement of governance mechanism of opening online casino crime under the legal environment of our country.Therefore,this thesis systematically analyzes the current situation of crime and governance,crime motivation,crime behavior and governance mechanism of opening online casinos crime.Based on the theory of planned behavior and governance theory,combined with system theory,new institutionalism theory,selfdetermination theory and crime field theory,and comprehensively used in-depth interview,grounded theory,questionnaire survey and structural equation model research methods,this thesis analyzes the current situation of the crime and governance of the opening of the network casino crime,discusses the factors affecting the criminal motive of opening the network casino crime,the formation mechanism and the influence mechanism of criminal motive on the criminal behavior,as well as the influence mechanism of the legal system environment on the criminal behavior of opening the network casino.And tries to take the above crime formation mechanism as the logical foundation,in order to find a theoretical basis for the design of the governance mechanism of the opening network casino crime,and put forward suggestions to improve the governance mechanism and governance system of the network casino crime.This thesis carried out in-depth research on the crime motivation,crime behavior and governance mechanism of opening online casino crime from the following aspects:(1)Analysis of the current situation of crime and governance of opening network casinos crime.Based on the system theory,governance theory and new institutionalism theory,on the basis of combing research literature and interview data,this study uses the systematic analysis research method to analyze the structure system and operation system of opening online casino crime in our country,and uses the research method of system analysis to analyze the current situation of the governance of opening online casino crime in our country with the framework of top-down "governance targetinstitutional environment-executive structure-governance effect",the problems and reasons of the governance of opening online casino crime in our country are clarified,and it is found that: First,the structure system of opening online casino crime is supported by two types of cyberspace platforms,legal and illegal.The criminals are young,male,with junior high school education,unemployed,and mostly from Zhejiang.Online game players,internet industry and gambling industry employees,and people with gambling criminal record have high criminal ability.The reasons of crime and crime motive are more diversified than that of opening traditional casino crime,and the operation system of crime is supported by the criminal black and grey industry chain from preparation,implementation to follow-up.Second,the establishment of opening online casino crime governance has formed an institutional environment with the criminal legal system as the core and an implementation structure with the public security department as the core.Under the campaign governance,the governance institutional environment has developed in stages along with the stages of the crackdown,but the governance effect is not ideal,the number of cases remains at a high level,and the number of illegal advertising information keeps rising.Thirdly,the deficiencies of the governance mechanism and governance system of the crime of opening online casinos include the vacancy of the legal system environment in the prosecution,conviction and sentencing due to the stage of the crackdown,the lag of the law,the ambiguity of the application of the law and the difficulty of supervision.And in the aspect of informal institutional environment,there are omissions in the effective stimulation of the flexible suppression of criminal will due to the lack of network civilization construction.And in the aspect of implementation structure of crime governance,due to the deficiencies in coordination of the system,balanced resource sharing,integration of law and intelligent technology,lack of staff training,there are coordination obstacles in the joint governance of various departments.(2)Analysis of criminal motive of opening online casino crime.Based on selfdetermination theory and planned behavior theory,this thesis explores the mechanism of criminal motivation.On the basis of in-depth interviews with criminals and experts and questionnaire survey of criminals,the rooted theory method is used to encode the interview text and judgments at three levels,the theoretical model of the formation mechanism of criminal motivation and the characteristic portrait of criminal psychology are constructed,and systematically analyzes the influencing factors of the formation of criminal motivation for opening online casinos.Furthermore,the structural equation model is used to analyze the mechanism of the influence of the criminal motive of opening an online casino crime on the criminal behavior,and the influencing factors,forming mechanism and influencing mechanism of the criminal motive of opening an online casino are clarified.It is found that: First,the criminal motive of opening an online casino is formed by external incentives and internal causes and lack of self-adjustment ability,and its influencing factors include legal system environment,social support,criminal industry chain support,situation,internal needs,self-supervision,cognitive bias,cognitive fallacy,interest,personality psychological characteristics,attitude,perceptual behavior control,criminal intention,and criminal behavior.Second,criminals show criminal psychological characteristics in cognition,motivation,self-regulation and individual psychology.Thirdly,the criminal motive of opening online casino crime has significant positive influence on criminal behavior,including the direct influence of internal criminal motive on opening casino crime,and the indirect influence of external regulatory motivation and identity regulatory motivation on opening casino crime through criminal behavior intention.The indirect effect of external regulatory motivation is greater than that of identity regulatory motivation.The direct influence of internal motivation on criminal behavior is the difference between the opening of online casino crime and the opening of offline casino crime.The governance of the crime of opening online casino needs to be oriented towards suppressing the formation of criminal motives,and improving the governance mechanism and governance system by strengthening the prevention of the influencing factors of criminal motives.(3)Analysis of criminal behavior of opening online casino crime.Based on the planned behavior theory and the new institutionalism theory,this thesis explores the mechanism of criminal behavior,analyzes the characteristics of criminal behavior on the basis of the questionnaire survey of criminals,and uses the structural equation model to analyze the influence mechanism of legal system environment on the criminal behavior of opening online casinos,and finds that: First,the criminal behavior of opening online casino has the characteristics of diversified types,serious social harm,technological means,division of labor and organization,which is the difference from the crime of opening offline casino crime.Second,the legal system environment has a significant negative impact on the criminal behavior of opening online casinos crime.When the legal system and legal efficiency of the legal system environment are scored in reverse,the legal system(reverse scoring)has no significant impact on the criminal behavior of opening online casino crime,while the legal efficiency(reverse scoring)has a significant positive impact on the criminal behavior of opening online casinos crime.Legal efficiency(reverse score)indirectly affects the criminal behavior of opening online casinos crime through instrumental attitude,and indirectly affects the criminal behavior of opening online casino crime after affecting the intention of criminal behavior through instrumental attitude,affective attitude and perceptual behavior control.In terms of the influence effect of legal efficiency(reverse scoring)on the chain of multiple mediating effects on the criminal behavior of opening online casinos,perceptual behavior control > affective attitude > instrumental attitude.The governance of the crime of opening online casino should take the direction of inhibiting the transformation of criminal psychology into criminal behavior,and optimize the criminal legal system environment to block the transformation of criminal psychology into criminal behavior,and improve the governance mechanism and governance system.(4)Research on the governance mechanism of crime in opening network casino.Based on the governance theory,the new institutionalism theory and the crime field theory,this thesis takes the crime formation mechanism obtained from the analysis of the criminal motive and criminal behavior of opening online casinos as the logical basis,combines the problems and causes of the current situation of the crime governance of opening online casino crime,and systematically combs the framework of the governance mechanism of opening online casinos,and put forward the source governance mechanism for preventing the internal and identification criminal motivation in the early stage,the collaborative governance mechanism for preventing the external criminal motivation in the early stage,the legal governance mechanism for blocking and cracking down on crime behavior in the middle and last stage,and the promotion of governance mechanism,and then improve the crime governance mechanism and governance system,including: Firstly,we should strengthen the publicity and education of the rule of law led by public participation,strengthen the mental health diagnosis and treatment guarantee led by society,and strengthen the network civilization construction led by the government to promote the source control mechanism of opening network casino crime,to prevent the internal and identity regulation criminal motivation.Second,from strengthening the criminal compliance construction under the coordination of enterprises and governments,strengthening the content governance of cyberspace environment under the coordination of enterprises and governments,strengthening the blocking of criminal industry chain under the coordination of government departments to promote the coordinated governance mechanism of opening network casino crime,to prevent external regulatory criminal motivation;Third,from strengthening the improvement of legal system and legal efficiency under the leadership of the government to promote the legal governance mechanism of opening network casino crime,to blocking and cracking down on criminal behavior..This thesis analyzed the current situation of crime and governance,criminal motivation and criminal behavior of opening online casino crime,and studied the mechanism of crime governance,and found the formation mechanism of the crime of opening online casinos,that is,the influencing factors and formation mechanism of the motivation of opening online casino crime,the influence mechanism of the motivation of opening online casino crime on criminal behavior through the intention of criminal behavior,and the legal system environment affects the criminal behavior of opening online casino crime through criminal psychology.The governance of opening online casino crime needs to inhibit the formation of criminal motivation and inhibit the transformation of criminal psychology into criminal behavior.Therefore,based on the above research results,taking the mechanism of criminal motivation and criminal behavior as the logical foundation,combing the problems and reasons of crime governance,this thesis designs the governance mechanism of opening online casino crime and puts forward some suggestions,including the source governance mechanism of preventing internal and identity regulation criminal motivation in the early stage,the collaborative governance mechanism of preventing external regulation criminal motivation in the early stage,the legal governance mechanism of blocking and cracking down on criminal behaviors in the middle and last stage,perfecting the governance mechanism and system of opening online casino crime,and promoting the comprehensive rule of law and the modernization of national governance.