网络开设赌场罪与网游公司刑事合规研究

**章 网络开设赌场犯罪概述 ················································· 1 **节 网络开设赌场犯罪的案件特点 ····························· 1 第二节 “网络开设赌场”的数据分析 ······························· 6 第三节 涉开设赌场犯罪的法律规范依据 ························· 13 第二章 网络开设赌场犯罪构成 ················································ 20 **节 网络开设赌场犯罪的客观方面 ···························· 20 第二节 网络开设赌场罪的主体与主观方面 ······················ 33 第三章 网络开设赌场罪的认定 ················································ 38 **节 赌博网站与网络赌场 ········································ 38 第二节 网站型开设赌场罪的分类认定 ···························· 47 第三节 应用程序型网络开设赌场行为 ···························· 51 第四章 网络开设赌场罪的共犯问题 ·········································· 61 **节 网络开设赌场共同犯罪主体 ······························· 61 第二节 网络开设赌场犯罪共犯认定 ······························· 67 第五章 网络开设赌场罪的刑罚适用 ·········································· 87 **节 “情节严重”的量化标准分析 ····························· 87 第二节 网络开设赌场犯罪量刑问题 ····························· 102 第六章 网络开设赌场犯罪的证据问题 ······································110 **节 网络开设赌场罪的主要证据 ······························110 第二节 证据质证举要 ··············································· 122 第七章 网游公司合规管理概述 ·············································· 134 **节 网游公司合规管理理念的确立 ·························· 134 第二节 网游公司合规管理的法规范依据 ······················· 145 第八章 网络游戏经营者与刑事合规 ········································ 164 **节 经营者刑事合规的自审 ··································· 164 第二节 经营者刑事合规的实务要点 ····························· 174 第九章 “技术链”主体与开设赌场 ·········································· 190 **节 涉技术链犯罪主体 ········································· 190 第二节 技术链主体的行为定性 ··································· 201 第十章 关联人员与开设赌场 ················································· 206 **节 赌博网站代理 ··············································· 206 第二节 “银商”与开设赌场 ········································ 219 第十一章 关联罪名之界分 ···················································· 230 **节 赌博罪 ························································ 230 第三节 帮助信息网络犯罪活动罪 ································ 238 第三节 其他罪名 ····················································· 250 附录：网络游戏行业监管主要法律法规及政策 ···························· 261 参考文献············································································· 266 后 记················································································ 270