On The Necessity And Difficulty Of The Crime Of Sexual Bribery Into A Way Out

In our country, the debate that sexual bribery should be criminally legislated or not dates from 1980s. Although, with the passage of time, sexual bribery is going from bad to worse, the theoretical argument continues still and the current criminal law does not adopt the sexual bribery to scopes of adjustment of it still. Schorlars who insist that sexual bribery should be criminally legislated demonstrate forcefully their opinion from angel of essence of crime, serious harmfulness to society and so on. But the opponents who hold opinion of decriminalization of sexual bribery demonstrate from angle of criminal law's modest character, the ancient and current criminal legislation of China and meaning of bribe, etc. Although, on my opinion, the latter's demonstration is not very convincing and even divorce from reality, they propose question powerful on basis of difficulties in obtaining evidence, proof, criminalization and penalty measure in adopting the sexual bribery to scopes of adjustment of criminal law. Pitifully, supporters offen avoid difficulties above or slightly discuss them and seldom papers launch the special study and responses the question.By consulting papers and works on sexual bribery , The article' author assimilates predecessors' beneficial academic viewpoints and demonstrates necessity of criminalization of sexual bribery and discusses difficulties of criminalization of it and expect for introduction and endingwords. The article contains four parts.In the first part, by consulting related document, the author analyzes advantage and defect of concepts of sexual bribery in academic circule, puts forward his concept on it, and discriminates it from similar concept. At last, on the basis of study above, author classifies various sexual bribery into three categories bellows: firstly, the direct sexual bribery in which a briber provide a bribee with sexual service by himself (herself) and the indirect sexual bribery in which a briber use other persons to provide a bribee with sexual service ; secondly, the pure sexual bribery which only include sexual bribery and the mixed sexual bribery which include other kinds of bribery except for sexual bribery; thirdly, the sexual bribery which can be transformed to money to measure and the sexual bribery which can't be transformed to money to measure. By meaning of the classification above, The author hopes to deepen cognition on sexual bribery.In the second part, with omni-directional vision, the author analyzes and demonstrates necessity to criminalization of sexual bribery from six aspects : essence of crime , essence of bribe , legislation of Hong kong, Maco, Taiwan of China , legislation of foreign country, cases of sexual bribery in some countries , severe reality of overflowing sexual bribery and ancient legislation of China .On the basis of demonstration above ,author analyzes and refutes viewpoints to points to oppose sexual bribery to be criminally legislated.The third part is the core of this paper, in this part , combined with specific cases, the author probes deeply difficuties of obtaining evidence, proof, penalty measure and qualitative analysis and attemps to put forward his solutions to difficulties. Especially, the author referes to mature theory and system of special investigative measures and criminal presumption of foreign contry to solve difficuties of obtaining evidence and proof, lastly, author draws his preliminary conclusion: special investigation and criminal presumption is highly effective in relieving difficuties above. Although the analysis and demostration is preliminary and even naive, it is a helpful try.In the fourth part, from criminal substantive and procedural law, the author puts forward his preliminary legislative conclusion for difficulties above in the course of criminalization of sexual bribery and hopes that these advices can be benificial to bing sexual bribery into legal system of country's anti-bribery.