Qualitative Research On The Behavior Of Taking Bets And Making Bets On Peripheral Websites To Earn Commission

Gambling provides a shortcut for lawbreakers to take advantage of the mentality of some gamblers who want to get rich and gain profits.The state severely cracks down on this kind of activities that damage social atmosphere and puts it into the criminal law to curb them.However,due to the complex forms of gambling activities,the existing legal regulations can no longer meet the specific needs of judicial practice and have defects,leading to the trial of such cases all over the country appears different judgment results.Therefore,it is necessary to sort out and analyze this kind of gambling crimes,unify the recognition standards,and make this kind of acts conform to the principle of the legality of crime and punishment and the principle of the adaptation of crime and responsibility.In this context,this paper selects a gambling case of Liu,in the process of judgment,there is a dispute about whether it is considered as gathering gambling or setting up a gambling house,or even illegal business operation.Combined with the case,on the basis of the relevant legal analysis of the charges involved in this case,further criminal qualitative analysis of Liu’s behavior,and also hope to study such cases can be beneficial to judicial practice.The full text is over 30000 words,divided into four parts,the main contents are as follows:The first part is the basic situation of the case.This part first introduces the basic case of Liu’s gambling case,and then expounds the different opinions on the case: one is that Liu’s only accepting the bet through the lottery information,organizing many people to gamble and profiting from it,it constitutes a gambling crime;the other is that the defendant acts as an agent and provides casinos,which conforms to the crime of opening a casino,the last opinion is that Liu’s behavior is to sell lottery tickets illegally and make profits without the approval of the state,which can be considered to the crime of illegal operation.Through the analysis of the above divergent opinions,the focus of the dispute in this case is summarized: what kind of crime does Liu Mou’s act of accepting the Liuhe lottery bet and profiting from it constitute? Is it a crime of illegal operation because of the act involving the operation of lottery tickets? Or should we see that it only uses lottery as a gambling tool to carry out gambling activities,and further judge that its behavior belongs to gathering gambling or opening casinos?The second part is the legal analysis of related issues.For the specific analysis of the focus of the dispute,it is mainly divided into the following parts: first,the identification of crowd gambling.Gathering gambling refers to the behavior of gathering or organizing the unspecified majority of people to participate in gambling activities and obtain profits from it.The second is to identify the behavior of opening casinos.To set up a casino means that the person who set up the casino as the master,under his control and control,opens it to the unspecified person for others to gamble.Combined with the traditional and new network development,this paper defines the casino,and analyzes the behavior of acting as an agent in the network gambling.The third is to define the standards of gathering gambling and opening casinos.On the basis of the standard opinions given by different students,the key to distinguish them is to grasp who plays the core role in the case and whether they meet the standards of control and openness.Fourth,the definition of gambling crime and illegal business operation crime.Starting from the analysis of the elements of crime,in addition to accurately grasp the essential role of lottery in it.The third part is the analysis and conclusion of this case.According to legal analysis,this paper qualitatively analyzes Liu’s behavior in this case.Liu’s behavior is actually gambling in the name of lottery,and using the Internet as a broad network platform to accept and provide gambling behavior,which is more serious social harm than the general gambling crime,it can’t reflect the principle that the crime of gambling is applicable to the crime of criminal law.The actor has management control over the gambling activities and is open to the unspecified public.He relies on the network platform provided by him to attract others to make bets.After receiving the bets,he earns profits,which should be identified as the crime of opening casinos.The fourth part is the research enlightenment of this case.Through the analysis of the existing problems of the case,we can learn the successful experience from other countries and regions to clarify the nature and regulation of the crime involving in gambling.For that it is difficult to distinguish between the crime of gambling and the crime of setting up a casino in practice,we should formulate a reasonable standard to deal with the behavior of gathering people outside the border and setting up a casino,and combined with the actual situation of the continuous renovation of online gambling crime forms,expand the recognition of the nature of casinos.