自古以来，赌博便是威胁社会稳定的一大危害，对个人、家庭和国家都有着不小的弊端。新中国成立后，从单独规定赌博罪，到开设赌场罪从赌博罪中分离，再到适应时代作出一系列司法解释，我国刑法领域对赌博行为一直秉持严惩不贷的态度。即便如此，各地年均查处的赌博罪与开设赌场罪的数量仍然大幅度增长。近年来网络领域立法日益频繁，针对层出不穷的旧罪“改头换貌”式犯罪以及伴随着新科技而来的新式犯罪，我国出台了一系列的新法律和司法解释，网络型开设赌场罪便是打击重点之一。但法律语义的模糊性使其难以符合实践的现实需要，需要司法人员发挥司法能动的调节机制。因此，通过裁判分析对一类案件进行统计而梳理出的具有普遍代表意义的裁判规则，既能推动立法的更新与完善，也能指导实践工作。本文通过对一定时间、地域内发生的开设赌场罪案例的分析与统计，对实践中的网络型赌场与开设行为进行分析与归纳，重点讨论了新式的网络赌场。本文还对开设赌场罪的共犯行为与帮助信息网络犯罪活动罪的区分问题以及赌资数额的计算问题进行研究，得到司法实务中的普遍观点。对裁判文书中“情节严重”的认定问题进行研究并剖析其中存在的不足之处。

Since ancient times, gambling has been a great threat to social stability, which has great disadvantages to individuals, families and countries. After the founding of the People's Republic of China, the criminal law has strictly punished the gambling behavior from the separate regulation of gambling crime, to the separation of casino-opening crime from gambling crime, and to a series of judicial interpretation to adapt to new era. Even so, the number of gambling crimes and casino-opening crimes investigated and dealt with each year has increased substantially. In recent years, legislation in the field of network has become increasingly frequent. China has issued a series of new laws and judicial interpretations in view of the emerging old crime of "changing the head for the face" and the new crime accompanied by new technology, and the casino-opening crimes on network is one of the focuses to crack down on it. However, the fuzziness of legal semantics makes it difficult to meet the practical needs of practice, which requires judicial personnel to exert the adjustment mechanism of judicial activism. Therefore, judging rules with general representative significance can not only promote the updating and perfection of legislation, but also guide practical work. Based on the analysis and statistics of the casino-opening crimes in a certain time and region, this paper analyzes and summarizes the network casino and opening behavior in practice, and focuses on the discussion of the new network casino. This paper also studies the distinction between the casino-opening crimes and the crime of helping information network crimes, and the calculation of the amount of gambling money, so as to get a general view in judicial practice. This paper also studies the determination of "serious crime" in the judgment documents and analyzes its shortcomings.