论网络赌博罪的认定及其立法建构

On the Recognization and Legislation Construction of Network Gambling Crime

网络赌博罪是一种新型犯罪形式,凭借其犯罪成本低、风险小、利润丰厚等优势,而在全球迅速蔓延。相对于传统赌博罪来说,网络赌博犯罪隐蔽性更强、监控难度更大、犯罪来势更猛、危害后果更重。网络赌博罪的构成要件有其自身的独特性,不易认定,再加之现行刑法对此规范不明确,其已成为一种危害严重但又打击不力的犯罪。对此,我国必须尽快完善赌博罪的构成要件和法定刑,积极寻求刑事法律冲突的国际协调和合作,以合理组织对此类犯罪的反应。

The network gamble crime is a new kind of crime form, rely on its crime with low costs, little risk advantage, lucrative, spread rapidly in the whole world, As to traditional gambling crime, network gambling crime has the stronger hiding, the bigger monitoring difficulty, the fiercer crime oncoming force and the more serious harm. The composition document of the network gambling crime has its one＇ s own uniqueness, it is difficult to assert, furthermore the current criminal law did not indeterminate with this, so it has become the crime that has the danger serious but can not attack strength. Regarding this, we must consummate the constitution and the legal punishment in time, positively seek the way of the criminal law conflict with the international coordination and cooperates so we can organize reasonable response to this kind of crime.