The Research On The Issue Of Nature-bribery' Criminalization

The nature-bribery is one kind of the behavior exchanging government staff members'authority for"nature service"or vice versa and infringing the duty performances of government staff members. Judging from the briber, taking that "nature in nature bribe serves being that the sex-worker that the briber employs provides or not as standard, it can be divided the nature-bribery into two types: power exchanging money and power exchanging affection. And this two types have notable difference in the nature, process behavior as well as the morality relation: looking at the nature, the former is one kind of behavior that power exchanging money , the latter is one kind of behavior that power exchanging affection; From the process, the former is relatively easy to carry out investigation and obtain evidence, but the latter carries out investigation and obtains evidence are more difficult; Judging from the relation with morality, the former and the morality relation becomes estranged comparatively, the latter is relatively comparatively close. Therefore, we should deal with these two kinds of the nature bribe in different ways. Strike deals between power exchanging money type nature bribe ought to be regarded as crime, it enters crime not only accords with corporal punishment modest curb nature principle and our tradition culture, and it can not infringe upon government staff members'right of privacy and women'human rights, and also it carries out our country's policy surely request. The relation between the type nature bribe and the morality are close and enter the crime can not be operated; therefore it should not be brought into corporal punishment. Final, taking account of the nature of bribery, or the principle of the conviction and penalty according to law, and the request and sense of justice, it is rational to expand the bribery range that the benefits can be weight by definite amount of money. Sex-service in the type of power exchanging money sex bribe also can be calculated by money, so it can be regulated and controlled by bribery crime.