随着网络技术的不断发展，新型网络赌博犯罪形式层出不穷。其受众广泛、手段隐蔽、技术复杂、与其他犯罪容易交织等特点，致使打击网络赌博犯罪出现较多困境。在目前的司法实践中，针对各种类型的网络赌博犯罪行为定性，判决观点各异，集中表现在赌博罪与开设赌场罪、赌博罪与诈骗罪以及赌博罪共犯与帮助信息网络犯罪活动罪的区分上。针对第一个问题，得认真解析“赌场”定义，结合网络作为虚拟空间的特点，以组织性、开放性、经营性作为判别网络赌场是否成立的三大标准；对于第二个难题，尽管手段有所不同，“网络赌博型诈骗”中的行为整体最终均符合诈骗罪五要素构造，应当认定为诈骗罪；打破最后一个困境的关键在于先要明晰帮助信息网络犯罪活动罪中“帮助行为”与网络赌博共犯的实行行为的区别从而分类型进行讨论，最后借助主客观的双重标准逐步分析确认成立何种类型的共犯。

Due to the rapid development of Internet technology，new forms of online gambling crimes are becoming more and more common. Its wide audience, concealed means, complex technology, and easy mixing with other crimes make it a more difficult task to combat online gambling crimes. In the current judicial practice, there are different views on the characterization of various types of online gambling crimes, focusing on the distinction between the crime of gambling and the crime of opening casinos, the crime of gambling and the crime of fraud, and the crime of complicity in gambling and the crime of helping criminal activities in information networks. For the first problem, the definition of "casino" needs to be carefully analyzed, and the characteristics of the network as a virtual space should be combined with the organization, openness, and operation as the criteria for judging whether the network casino is established; for the second problem, although the means are different, the objective acts in "network gambling-type fraud" are ultimately "The key to break the last dilemma is to first clarify the difference between the "helping behavior" in the crime of assisting criminal activities in information networks and the implementation behavior of online gambling accomplices so as to discuss them in different types, and finally to confirm what kind of crime is established with the help of the dual standards of subjectivity and objectivity. The last key to break the last dilemma is to first clarify the difference between the "helping act" in the criminal activity of information network and the accomplice act of online gambling, so as to discuss them in different types, and finally to confirm what type of common crime is established by the double standard of subjective and objective.