On The Crime Of Sexual Bribery

In the introduction part of this article, mainly through the developing situation of sexual bribery in our country and the description of the specific case, shows that sexual bribery is severely harmful to the society, and combining the situation of legislation in China, which leads to consideration whether sexual bribery should be into sin, and suggests that the author’s attitude is sexual bribery should be into sin.The content of the first chapter is an overview of sexual bribery, including the concept, characteristics and the causes of sexual bribery, because of the sexual bribery’s characheristics of non-material and strong concealment, sexual bribery crime investigation should be difficult.Sexual bribery has its social reasons and personal reasons, facing the fact that can’t change the weakness of human nature in a short time, from the social level to alternate solution is urgent and effective.The second chapter is against sexual bribery into sin scholar main point, and the author’s evaluation to its views. Anti think sexual bribery crimes in violation of the austerity of criminal law, in judicial practice is not operable, would violate the privacy of individuals and should be determined by the code of ethics.The author agrees with support theory, combined with own view expounds in detials for the following four aspects:sexual bribery be criminalized is in accordance with the tolerance of sex in the criminal law, practical and operational,and there is no invasion of privacy issues and sexual bribery is not only a moral problem.The third chapter is about the legitimacy of sexual bribery into sin. It conatians three aspects : the sexual bribery has serious social harmfulness, sexual bribery under the current legal system in our country cannot be effectively regulated rightly, sexual bribery criminalization in line with the international development trend, particularly in our country has joined relevant international conventions,ought to fulfil the obligation in the international conventions.The content of the fourth chapter is the legislation of sexual bribery into sin. On the choice of criminalization of sexual bribery legislation pattern, the author thinks that can draw lessons from the practice of Japan and the international conventions, expand the scope of bribery, change the "property" to "property or other interests", and through the legislative interpretation show sexual bribery should be brought into the scope of the interests of the other.In the process of specific conviction we should pay attention to distinguish between crime and not crime, and the difference betweenthis crime and that crime.The plot of sentence should be considered in sentencing.Because of the changes of corruption and bribery crime in “criminal law amendment(9)”,plot sentencing has a better basis.Finally in the conclusion part is the summarization that sexual bribery crime in our country should be regulated in criminal law and can be effectively operated.