| The development of the Internet has changed the appearance of society and people’s way of life.At the same time,it has also created space for cyber crime.A new form of crime with the Internet as the carrier has gradually emerged,including online gambling crime.In recent years,traditional gambling crimes have spread with the help of cyberspace.The characteristics of cyberspace,such as virtuality and concealment,have brought great difficulties to the governance of this kind of crime.There are many disputes in legislation and judicial practice about the identification of different plots and how to regulate this kind of crime with criminal law.Therefore,defining the relevant plot of online gambling and cracking down on criminal acts from multiple angles and subjects at the legal level is more conducive to the stability of social economy and the cultivation of good social atmosphere.This thesis mainly starts from the overview of online gambling,the identification of relevant plots of online gambling behavior,the judicial identification of online gambling crime,the legislation and judicial perfection of online gambling crime.Firstly,it mainly expounds the background and significance of the study of online gambling crime,the research status in this field at home and abroad,as well as the research methods and innovations of this thesis.This thesis mainly discusses the concept,basic types and characteristics of online gambling,in order to understand the basic knowledge related to online gambling crime and have a clear understanding of online gambling behavior.Then it discusses the three plots of "crowd gambling","gambling for business" and "opening a casino" in online gambling,distinguishes the differences between "opening a casino" and "opening a casino" in reality,and the boundaries between "opening a casino" and "crowd gambling" in the network,and puts forward its own opinions on the controversial issues.In order to solve the problems injudicial practice,this thesis discusses the boundary between online gambling crime and non crime,the boundary between online gambling crime and fraud crime,and the identification of accomplice in online gambling crime.Finally,it puts forward some suggestions on the improvement of legislation and judicature on the crime of online gambling.In legislation,it is suggested to improve the criminal jurisdiction of online gambling(put forward the rules of international priority jurisdiction,and in order to comply with the rules of priority jurisdiction,China should reconstruct the territorial jurisdiction based on actual harm as the standard),and it is suggested to strengthen the cooperation and mutual assistance between international criminal justice;Optimize the penalty setting(reset the legal maximum penalty,clarify the fine penalty,consider increasing the confiscation of property and deprivation of political rights,and set heavier punishment circumstances for online gambling crimes).It is suggested to include the unit into the legislative body of online gambling crimes.In judicature,clarify the applicable standards of gambling funds in judicial practice,and increase the relevant judicial interpretation of online gambling crime. |
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