Exploration And Analysis Of Putting The Sexual Bribery Under The Regulation Of Criminal Law

Anti-corruption is an important task in the world, it is also one of the key tasks in our country, where wants to build a socialist country ruled by law. With the rapid socio-economic development, social life is becoming richer; People demand more things, more forms and means of the bribery are growing. Non-material interests are getting the preferred target when one wants to receive or provide bribery. Providing sexual service is often used by these people offering bribery, it is the most influential and dangerous; people usually refer to it as the "Sexual bribery".In 2001, the first case that provided sexual bribery was sentenced, after it was disclosed, aroused controversy on the nature and resolution of Zhang and Li'actions in this case. Today, in the face of the spread and flood of "sexual bribery", the case still has great theoretical and practical significance. This thesis takes the case as an example to explore and analyze. Of course, our concern is not the sentenced result of the case, but the nature and resolution of Zhang and Li'actions in this case. I agree with the view of putting Sexual bribery under the regulation of criminal law. In this thesis, I take the first case, which provides sexual bribery was sentenced as an example to explore and analyze. There are four main parts, Part I: Issues raised, including Concept,characteristics,the status quo,the case and its issues. Part II: Demonstrating why such an action should be considered as a kind of crime from two directions. First, the question of the existing legislation; Second, hazard analysis, the key paragraph on why the case was not properly handled. Part III: How should the Legislative Council to deal with. Part IV: The problems that convicted Sexual bribery will have to face and how to overcome.Sexual bribery is not only disrupts social and economic order seriously, but also undermines the party style and social morality seriously, it is highly contagious. Although Li's behavior includes moral considerations, ethical factors were not able to prove that it can not be a legal issue. If the sexual behavior harm others, endanger the society, it is not merely a moral context, and no longer just the sexual rights, it needs legal intervention. Sexual bribery is not only a legal issue, but also needs to consider criminal penalties. However, the content of the current Penal Code on bribery provisions is too narrow and much-needed to expand. The Penal Code is needed of Sexual bribery. Of course, putting the Sexual bribery under the regulation of criminal law is also facing with new problems in practice. For example, it is very difficult to search for the criminal proof, it is very difficult determine whether it is Sexual bribery, as well as how to measure the level of punishment, and so on. But these problems will be resolved in the practice; they can not become the reasons to prevent convicting sexual bribery.