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A Study On The Crime Of "Sexual Bribery"

Posted on:2013-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:W L FanFull Text:PDF
GTID:2176330422457820Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
"Sexual bribery" The earliest records of ancient China is the "Historical Recordsof the Millennium" visible "sexual bribery" existed since ancient times, this act was inaccordance with the criminalization of Today, the "sexual bribery" in a number ofmeans of bribery which can be described as time-tested, not only a new guise, andgrowing, it seems to do something about "honey trap" to the extreme interpretation.The menacing face of the "sexual bribery", our government officials are wagingstumble in the "good graces", reduced to a "sexual bribery" tool, the public power intoprivate rights, the danger becomes evident. In this regard China’s Criminal Law ishow to deal with Actually this great harm behavior is excluded from the criminalacts outside our country,"Criminal Law" will be hard and fast rules of the object ofbribery as "property", and "sexual bribery" because of their own "non-material,non-property nature "character to become the law of the dead. At present, around the"sexual bribery" crime or problems in jurisprudence and the judiciary launched alively discussion on sexual bribery Should incriminate."Sexual bribery" to incriminate dispute began in the eighties, at present, aroundthe issue of "sexual bribery" crime or, in legal circles and the judiciary launched alively discussion on sexual bribery Should incriminate. Whether there should be acrime of "sexual bribery" behavior of this problem, scholars differences are mainlyconcentrated in the following areas: Is not property, does not meet the existingcriminal law provisions for the implementation of the property and then bribe limited;"Sexual bribery" included in the adjustment range of the criminal law would infringethe moral rights of women; Sex is a personal privacy, criminal law intervention wouldinfringe the privacy of individuals; Nature belong to the scope of the private rights ofindividuals, belonging to the object of moral adjustment;"Sexual bribery" in thecriminal justice system, contrary to the principle of criminal law "Modesty";"Sexualbribery" involving "feelings" is difficult to determine; Hard evidence to prove that thedifficulties in aspects.I agree with the sex bribe to convict on the basis of access to the literature of the calendar year "sexual bribery" integrated absorption of the previous reference point ofview, to discuss the necessity of the crime of "sexual bribery" into writing this articleis divided into three parts. The first part is the "sexual bribery" conduct an overviewof this part of a total of four aspects: the concept of "sexual bribery" behavior; thetype of act, the basic characteristics; overview of the domestic and internationallegislation; case studies. This part of the basic theory, the existing data re-integration,and into a large number of cases described. The second part of the "sexual bribery"behavior into the battle of sin, and this portion is intended discussed from threeaspects: Should incriminating dispute; be incriminating basis, acts of "sexual bribery"Why not incriminate analysis. Through the introduction of the first part of the "sexualbribery" behavior, the author’s point of view should be incriminating, and the momentto discuss some of the warmest is reviewed. The third part is the specific concept of"sexual bribery" behavior incrimination, is divided into six parts: the setting ofcharges; with criminal and standard setting; Elements settings; set up patterns ofcrime;"sexual bribery" behavior and behavior research evidence, proof. This last partis the focus of the article, from the charges set to start until a specific framework, theidea of the author, and evidence, to prove to do a brief exposition.
Keywords/Search Tags:Sexual bribery, Necessity, Charges, Dilemma and Outlet
PDF Full Text Request
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