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北京市盈科（珠海）律师事务所律师涂远钊告诉南方财经全媒体记者，上述行为是跨境赌博犯罪的整体，既有辅助行为，也有关键行为。如果仅有辅助行为，没有关键行为，并不涉嫌犯罪。他举例，“比如仅在境外赌场承包赌厅和开设赌博网站，没有组织中国内地居民参赌，并不构成开设赌场罪。”