Study Of Online Gambling From Criminal Law Aspect

As one of the most popular cyber crimes, online-gambling is widely spreading and tremendously jeopardizing the society. Due to the absence of legislation and the infirmness of the judicative practice, it is vital for the legislative body of our government to deal with the online-gambling phenomenon from legislative and judicative aspects.The academic and judicatory circles have carried out lots of macroscopical studies on traditional crimes and online crimes. The achievements are obvious, but great efforts are waiting to be made to the specific and thorough studies of the online-gambling crime. This thesis mainly researches the character and components of the online-gambling crime as well as the measures that should be taken to prevent the impact of this crime from the legislative and judicative point of view, with the method of contrast, analysis and case-study. It has used the theoretically academic achievements in the times for reference and provides some practical countermeasures on the basis of analyzing the defects in legislation and judicative practice of the actual state.This thesis is divided into three sections. The first section is a generality of online-gambling with details of the definition, forms and characters and illustrates the definition of online- gambling behavior. The next section mainly concerns about the factors composing online-gambling crime such as assembling people, providing locales and living on gambling business and thoroughly analyzes the basic forms thereof and ways of cognizance. The last section expatiates the flaws and deficiencies of the actual criminal laws in terms of online-gambling crime and offers some countermeasures in favor of the theoretical researches and the judicative practice against the crime. The author also points out that three steps should be taken to perfect our legislation. One is to build up a law against online-gambling crime. The second is to perfect the system of criminal law. The third is to enforce the legislation of cyber crime. And from the judiciary aspect, efforts should be taken to strengthen the supervision and control of network use and the financial flow therein, to advance the detective works therein and to perfect the mechanism of international cooperation.