关键词: 房卡模式, 棋牌游戏, 客观归责, 中立帮助行为, 开设赌场

Abstract: As a part of folk culture,Chinese chess and card culture has a long history.The in-depth application of mobile Internet innovates the traditional chess and card games and makes them network.The early online chess and card games can only achieve the function of random matching of unfamiliar players.With the development of mobile Internet and communication groups,it is possible for acquaintances to form online chess and card games.In recent years,online chess and card games developed based on the needs of users have shown a prairie fire development momentum in a short time.At the same time,the gambling cases involving the room card mode have entered the vision of the judicial organs,and have a tendency of frequent occurrence.In order to cultivate the socialist core values and control the network crime,it is urgent to conduct the criminal jurisprudence evaluation on the online chess and card games,and analyze their gambling modes and other criminal liability risks.According to the crime constitution theory,it is necessary to distinguish the mode of “real room card” and “fake room card”.The former should adhere to the principle of making a crime,with the exception of incrimination;while the latter should be criminalized,and the crime should be the crime of opening a casino.

Key words: room card model, chess and card games, the objective imputation, neutral helping behavior, opening casinos