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《Journal of Hunan Radio and Television University》 2018-02
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On the Boundary between the Online Game and the Crime of Gambling

FU Fan-sheng;  
Online chess and board games are very popular,but its legality is vague. At the point of view of criminal law dogmatic,the part of game behaviors infringe the legal interests of crime correctly,meet the requirements of the subjective for profit,and the gambling or gambling industry correspond to the objective of crime correctly. We can clearly define the boundary between legal online game behavior and gambling crime. On one hand,due to the limited ability of the online game platform to control the legal risk and interest,it also actively prevents gambling in the platform,and is not guilty in principle. On the other hand,due to the existence of the amounts,and platform constraints,only a handful of games behavior is gambling behavior,so it is crime correctly,which will not cause the punishment scope is too large,will not reduce the public to the identity of the criminal law.
【CateGory Index】: D924.3
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