On The Criminalization Of The Sex Bribery

Sexual bribery, being a new type of infringement to the honest and diligence of the state functionaries, develops as fast as smart-card usage in our country. It has such severe damage to the society that high attention is paid by the practice managers and researchers. However, there is a big argument that whether such Sexual bribery should be formulated in the criminal law. Some scholars think there should be such regulations, some think not. This paper, based on the relative research results, deeply analyzes the criminalization of the sexual bribery and tries to make suggestions for the theoretical research and the legal practice.The paper is trying to, from a point of criminalization, analyzes the necessity and practicability of the criminalization of Sexual bribery. It's content involves concept characteristics, comment, bases and suggestion on legislation.The Preface introduces current situation of our country bribery generality, which paves the way for the following.Partâ… , concept and characteristic of bribery. By the way of defining, this part tells the differences between the nature bribery and property bribery, pointing out that it's nature is the trade between right and color. Then I elaborate the non-materiality, concealing and society harmfulness.Partâ…¡, different viewpoints on composing a criminal or not in our country. There are two kinds of view, including composing and denying. I prefer the first and analyze the later.Partâ…¢, base of confirming a Sexual bribery .I discuss our country bribes real situation, other country law practice, duty need of international convention and relations between morality and law. Then I point out three kinds of sayings in our country .There are flaws in property doctrine and material say ,then I conclude benefits say is reasonable.Partâ…£, legislation suggestion on entering bribery into the crime .For the difficulty in obtaining evidence in actual judicial practice , suggest setting up Sexual bribery alone and giving a boundary to it from aspect composing a crime. And suggest bring sexual bribery into corporal punishment by the way of passing corporal punishment amendment. Then from the respect of connection and difference between Sexual bribery and bribery crime, I explain they are standing side by side but not dependence relation. Combining with a case, I discuss the forms of the crime. Suggest building standard system to settle the problem in inflicting punishment. The end, this part sums up the whole paper.