Research On The Judicial Identification Of The Crime Of Opening A Casino On The Interne

With the rapid development of the internet,many criminals have utilized it to engage in illegal activities.The crime of online gambling is a type of criminal behavior that extends traditional crimes to cyberspace through the use of internet technology.This type of crime poses a serious challenge to the existing criminal legal system and judicial practices.In response,China’s criminal legislation has timely addressed the issue.In 2010,the Supreme People’s Court,the Supreme People’s Public Prosecutor’s Office,and the Ministry of Public Security jointly issued the "Expressing opinions on issues related to the application of various laws.in criminal cases involving online gambling," which clarified the relevant issues related to online gambling and provided effective strategies for combating this crime.However,due to the lagging nature of the law itself,existing legal provisions and judicial interpretations are insufficient to address the problems of online gambling in judicial practice.In addition,the virtual and concealed characteristics of the internet have added great difficulty to judicial practice,resulting in many controversies.Based on this,the article conducts an extensive search and collation of typical cases of this type of crime through the websites of BYU Fabulous,No Lawsuit,and China Judgment Document Network,and uses the case analysis method and comparative research method to study typical cases and understand the current judicial determination for this crime by analyzing the circumstances of the case.The study found that the following problems exist in the process of judicial determination of the crime of opening casinos on the Internet: First,the crime of opening casinos on the Internet is identified differently from related crimes.The main problem is the distinction between the crime of opening a casino on the Internet and the crime of gambling on the Internet,the crime of opening a casino on the Internet and the crime of illegal operation,and the crime of opening a casino on the Internet and the crime of fraud.There is no unified definition of "proxy" casino,"online casino","online private lottery" and "gambling and fraud".There is no unified standard for the characterization of the act of "gambling and fraud".The second is that the criteria for determining the "aggravating circumstances" of the crime of opening a casino on the Internet are unclear.The main problem is the calculation of the amount of headline profits,the amount of gambling money,and the number of gambling participants,and the relevant judicial explanation does not explain how to calculate the above considerations,and there is no consistent standard for the determination of the judge’s conviction and sentence.Thirdly,there are deviations in the determination of joint criminality,mainly including the unclear application of the theory of "one-sided accomplice" and the lack of uniform standards for the specific determination of accomplice.The article examines the current situation of the determination of typical cases and analyzes the different views on the judicial determination of the above-mentioned issues.Based on this,the article further clarifies the criteria for distinguishing this crime from the other crime,the judicial application criteria of "aggravating circumstances" and the reasonable expansion of the theory of "one-sided accomplice" in view of the shortcomings in the judicial determination process.The aim is to provide reference for judges in conviction and sentencing,to clarify the direction of adjudication,to make the conviction and sentencing of this crime more reasonable in judicial practice,and to further improve judicial fairness.