| The crime of online opening casino was born in the mid-1990 s and introduced to China at the beginning of the new century.As one of the typical new types of crime that are developing rapidly,the crime of online opening casino is severely harmful to society,as it greatly undermines national economic interests and social order.In accompany with the social-economic development and the bettering of information technology,the connotation,means,characteristics and forms of online opening casino crime are ever-evolving and incessantly changing.Its crime types have been extended to include the following types: traditional chess and card,gambling lottery,sports competition,online game,random securities,and social network.China’s criminal regulation for online opening casino are mainly based on the provisions of Article 303 of the Criminal Law on the crime of opening casino,and two judicial interpretations issued in 2005 and 2010.In the special campaign of " Cracking down the Black and Evil Forces" in recent years,the crime of online opening casino,as one of the typical forms of criminal crimes,combining with criminal methods such as " loan traps" and " soft violence",has been attracting more attention from both theorists and practice experts.Combining the interpretation of crime data from online casinos in the past five years and the analysis of 300 sample cases,the author found that the overall situation of online opening casino crime is not optimistic.Crime is widespread,the total amount and its increment have been significantly increased.Both total and average amount of gambling funds have continued to rise.The forms of crime have become increasingly diverse.The proportion of international crimes is relatively high,with Penalty of restraining freedom being generally short and fines relatively low,etc.In the face of the growing crime situation and the ever-changing criminal technology,the current Criminal regulation,which have been used for a long time,are inevitably inadequate.For instance,the penalties in the Criminal Law are low,the definition of opening a casino is unclear,and there is no provision for unit crime;and there are loopholes in the calculation rules for the determination of gambling capital in judicial interpretations,new types of crime are not comprehensive contained,and the jurisdiction over transnational/territorial crimes is too generous.In view of this,the regulatory principle of " preventing imports from the outside and preventing proliferation from the inside" should be firmly adhered.Appropriately adjust the provisions of the Criminal Law to include the opening of online casinos into the scope of regulation,re-arrange penalty of restraining freedom and fines,and increase unit crime.Amend the problems in judicial interpretation,unify the identification and calculation standards of gambling funds,take management behaviour as a necessary condition for opening,clearly stipulate the manifestation of new types of crime,and narrow and clarify the scope of crime.On the basis of perfecting the Criminal Law and judicial interpretation,appropriately apply trial basis to judicial practice is an effective choice for criminal regulation for the crime of online opening casinos in the new era. |
