微信红包型网络赌博犯罪问题研究

Research on Online Gambling Crime with We Chat Red Packet

"微信红包"赌博作为一种新型的网络赌博方式,随着智能手机与微信软件的普及而发展迅猛,具有比传统网络赌博更易操作、更具隐蔽性等特点,因此在司法实践中存在定性分歧、数额认定与证据提取困难等诸多问题。为有力打击此类犯罪,应在借鉴台湾地区侦办类案经验的基础上,构建微信赌博犯罪侦查协作新格局,同时制定该类案件的电子证据收集指引规则,以利打击合力之形成。

As a new type of online gambling, "We Chat Red Packet" gambling has developed rapidly with the popularization of smart phones and We Chat software. It is easier to operate and more covert than traditional online gambling. Therefore, there are problems during judicial practice, such as qualitative divergence, difficulties in amount determination and extracting evidence. In order to effectively fight with online gambling, we should work on the basis of the experience in Taiwan and establish a new pattern of investigation and cooperation against We Chat gambling crimes. At the same time, guidelines for the collection of electronic evidence in such cases should be set up so as to form the joint forces.