| In the past ten years,the rapid development of the Internet in our country has been astounding and has brought about huge changes in people's lives.However,there are advantages and disadvantages to network technology,which not only brings great convenience to people's production and life,but also provides new fields and space for illegal and criminal activities.In particular,gambling crimes rely on the openness,convenience,and concealment of the Internet.The number of people involved in the case is large and the amount is large,which has caused serious harm to the society and also brought a lot of trouble to combat this type of crime.Although relevant judicial interpretations provide some rules for the identification of online gambling activities,there are various forms of online gambling,and many new types of online gambling have not been punished accordingly.This article focuses on the currently very popular webcast industry.Webcasts have been around for just a few years,and now they have become an important part of daily entertainment for many people.However,with the increasing scale of the industry,all kinds of chaos continue to appear.Among them,gambling through live broadcast is the focus of current punishment.Especially at present,in order to improve the viewing experience of users,the live broadcast platform has launched some entertainment activities,such as quiz,lottery,red envelopes and so on.These activities are more or less random and accidental,so they are used by some criminals to carry out gambling activities.Among them,quiz activities are the most typical.This article analyzes the quiz activities in the webcast to find out the current criminal law application problems in the identification of online gambling.This article is divided into the following sections.The first part mainly introduces the status and methods of online live broadcast quiz,and analyzes some modes of gambling activities carried out with the help of online live broadcast to find out the problems existing in judicial practice.The second part analyzes the problems of online gambling and finding the crime of gambling.The first is whether live gambling constitutes gambling.Guessing activities and games with gambling as the main form of play do have gambling properties,but it does not mean that they necessarily constitute gambling.Secondly,gambling violations are not the same as crimes.Whether an illegal behavior can constitute a crime depends on whether the behavior meets the criminal law punishment standards.Finally,the perpetrator's occupation of gambling also constitutes the crime of gambling.However,the determination of "taking gambling as an industry" is still controversial.The third part analyzes whether live quiz constitutes the crime of opening a casino.The distinction between opening a casino and gathering crowd gambling is the main controversy,which needs to be analyzed from the essential difference between the two crimes.The fourth part discusses the problem of common crime in online live quiz.Webcast quizzes need to be conducted via the Internet,and are not achievable by individuals.In addition to the anchor,there are other participants such as live broadcast platforms and brokerage companies.By analyzing the relationship between the subjects,the behavior of the parties and the role they played in the live broadcast quiz,discuss whether they and the anchor constitute a common crime.It is hoped that by analyzing the live broadcast quiz,you can have an accurate determination of the nature of its behavior.And based on this,to provide some ideas and help for other games carried out through computer networks to solve the problem of gaming-related crimes. |
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