对微信群赌博行为刑法规制的探析

Analysis on the Criminal Law Regulation of Gambling Behavior in WeChat Group

随着科学技术的高速发展,赌博形式也变得更为复杂多样,利用微信红包进行赌博就是一种新型赌博形式,这正是本文研究对象。但由于立法的滞后性,法律尚未对它进行规制,导致在司法实践中,法官对于微信红包赌博行为认定不同,有认定为赌博罪,亦有认定为开设赌场罪,出现了同案不同判的现象。不仅实务界对该行为定性存在分歧,学术界对此也发生激烈争论。本文立足于司法实践,在现有研究成果的基础上,进行深入探索,以期完善解决微信红包赌博行为的相关难题。

With the rapid development of science and technology, the forms of gambling have become more complex and diversified. The use of WeChat red envelopes to gamble is a new form of gambling, which is the object of this paper. However, due to the lag of legislation, the law has not yet regulated it. As a result, in judicial practice, judges have identified the gambling behavior of WeChat red envelope as a gambling crime and a crime of setting up a casino, and there is a phenomenon of different sentences in the same case. There are not only differences on the nature of this behavior in the practical circles, but also heated debates in the academic circles. This paper is based on judicial practice, on the basis of existing research results, in-depth exploration, in order to perfect and solve the problems related to WeChat red envelope gambling behavior.