Cognize The Behavior Of Using We Chat Group Carry Out Red Envelopes Of Gambling

This paper is about twenty thousand words,is divided into four parts.Respectively,introduction to the basic situation of the case,legal analysis of related problems,analysis and conclusion of the case,research on the case of the enlightenment.The first part is the basic situation of the case.Mainly including the cause of the case,introduction to the basic situation of the case,the differences of opinion,author summed up the three controversial issues of the case: first,discuss the qualitative of Jiaomou use WeChat' s red packet gambling,the second,dose the alternate's behavior constitutes an accomplice.Third,the qualitative of Linmou and Daimou's service behavior.The second part is the legal analysis of the relevant issues.First,the legal analysis on the crime of opening Casinos,study on the difference between the crime of opening casinos and general management,the constitutive requirements of the crime of opening casinos and the way of performance.Secondly,legal Analysis on the crime of gambling,explore the difference between gambling crime and general social life activities,the constitutive requirements of gambling crime and the new gambling behavior.Finally,a comparative analysis of the crime of gambling and gambling,sum up the similarities and differences between the two,lay the foundation for the judicial practice to distinguish the two.The third part is the analysis and conclusion of the case.Jiaomou constitute the crime of opening a casino,the alternate constitute the accomplice of the crime of opening a casino,Linmou and Daimou are not guilty.the chat group belongs to the sense of network space casino.Jiaomou establish a WeChat group,formulate WeChat group's gambling rules,strict control of gambling and gambling activities within the chat group.According to the "interpretation",it is known that online casinos are usually built on the Internet or mobile communication terminals.So,WeChat red packet gambling group belongs to the provisions of the judicial interpretation of "gambling sites",is based on the mobile communication terminal on a small casino.From the subjective point of view,the bench kown that the WeChat group is a gambling group,the group still accept the employment,follow the main arrangement,subjective is direct intention.Objectively speaking,first of all,alternate for gamblers to extract the red envelopes through the head pay,this is a gamble.Lin and Daimou are no subjective meaning to help the smooth operation of the casino,but only treat it as a job,hope that through their own labor to obtain compensation,so their behavior is a neutral behavior.The fourth part is the inspiration of the case study.This part is the summary and sublimation of the article,through the analysis of the case,and the relevant jurisprudence,and ultimately make a relatively accurate judgment of the case.We know that the crime in the judicial practice all emerge in an endless stream of new forms,to conduct accurate analysis to hold a new type of crime on the case,find out the essence of crime behavior,will be incorporated into the scope of criminal law.To ensure judicial justice,the first problem is to distinguish between related charges,to determine the boundaries of this crime and other crime,recognize the crime and non crime.Only in this way,we can prevent and punish the improper punishment,expand the punishment,and strike the crime accurately.The innovation of this paper is to focus on the new type of crime,the nature of the new gambling behavior.Now the casino gambling crimes and the crime of the controversy,the author hopes to provide some reference and reference value through in-depth analysis of the case for the judicial practice of similar cases,agreed to promote in such cases the standard consensus.