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Research on Online Gambling Crime

Author: XuZuo
Tutor: WangXiaoLin
School: Anhui University
Course: Legal
Keywords: Online Gambling Crime Complicity Legislative Suggestion
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 67
Quote: 0
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Abstract

In recent years with the development of computer and network technology, computer crime especially the online crime area appeared many new methods and types, in which online gambling become a hot spot in recent years. The author intends to discuss online gambling crime in this article, and seeks to improve online gambling crime legislation and effectively curb this kind of crime to provide modest.As a new type of crime and gradually developed with the development of science and technology, online gambling crime has its own characteristics, such its concealment, a huge space span, very hard in investigation and evidence collection, great harmful to society, In recent years online gambling crime has increased year by year, the victims and involving amount increase. Many large gambling cases involved amounts to billions, such as the case of Sun City, Le Tiantang, Dream of Paradise and other influential cases in the society.Online gambling is a new product of social phenomenon, it raises many social management problems. This article divides the discussion on online gambling into three parts, including detailed and specific analysis on background, type, structure and damage of online gambling. Furthermore, this article briefly introduces the existing China’s laws and regulations with respect to online gambling, the author proposes a few legislative suggestions to improve China’s and hope to convict online gambling from legislation, to cut off the benefit chain in online gambling and to form a lasting effect mechanism of punishment on online gambling crime. This article is mainly divided into the following three parts:The first part is online gambling crime and its harmfulness, which focus on general issue on online gambling crime. The author compare online gambling crime to traditional gambling crime, and conclude the definition and characteristics of online gambling crime. The types and serious harmfulness of online gambling crime was concluded which based on the main form of online gambling crime.The second part is online gambling crime constitute and judicial recognizance. This part is a core part of this article, which mainly uses the theory of science of criminal law to discuss the components of online gambling crime. Combination of Criminal Law, its amendments, the relevant judicial interpretations and a large number of real cases, this article analyzes and identifies the recognized standard of crime and the non-crime, objective aspect of crime, the determination of the amount of involving money, whether online game is online gambling crime and the complicity, which in order to more accurately identify online gambling crime behavior and put forward a useful reference to the judicial practice and the application of law.The third part is online gambling crime legislation and legislation in China. The author first inducts and lists out online gambling related provisions that set forth in Criminal Law, the amendments, judicial interpretation and administrative rules and regulations, and then briefly discuss. Combined with the second part of the study and analysis of existing situation of legislation, the author puts forward a few legislative defects, such as the identification of online gambling crime behavior in China is not clear, the punishment is light, the company is not criminal subject. Then the author presents some legislation suggestions in order to construct online gambling crime, which divide online gambling into three charges, "organization gambling crime", "set up casino crime" and "used to gambling". Besides, this article suggests to organize legislation system, to clarify criminal jurisdiction, to aggravate the penalty and punishment and to standardize the crime behavior acted by companies.

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