Study On Sexual Bribery Criminalization

The criminal law of our country has always attached great importance to corruption andbribery crime, the specific circumstances of the corruption of the specific provisions ofcriminal law and relevant judicial interpretations, to promote our country’s effective attackthis kind of crime has played a positive role. As China’s economic and social development,diversification of social interests demand day by day, also presents the diversification trend ofbribery. National staff not only to satisfy the material pursuit to seek higher levels of mentaland emotional satisfaction, sexual bribery was born. Sexual bribery concealment and moralnegative evaluation feature hinders the identification and verification of its judicial practice,China’s criminal law is not included in the areas of regulation, further intensification of thehigh incidence of this behavior and more serious social harm. Sexual bribery has become ahot issue of social concern, promote the sexual bribery punishment, effectively curb briberycriminal behavior is echoed by public concern about the effective choice to promote,unification of legal effect and social effect. But the academic judicial practice circle on thesexual bribery punishment is still controversial, through in-depth study and analysis, thispaper thinks sexual bribery should be included in the scope of criminal law. In this paper, inaccordance with the questions, analyze issues and solve problems, starting from the definitionof sexual bribery connotation, through the analysis of different academic views on thenecessity and feasibility of sexual bribery punishment to carry on the analysis, proposed tofurther improve the judicial advice on our anti-corruption legal system and effectivecombating bribery. The full text is divided into four parts:The first part, through the comparative analysis of academic definition about sex bribery,the sexual bribery is defined as: the state personnel who take advantage of their office, for hishumanistic service, or illegally accept other services for the benefit of others, or is refers tothe behavior person to seek illegitimate interests to national staff to provide sexual servicesbehavior. The reason, characteristic induction summary bribe produces, and the classificationof the society in different types of sexual bribery.The second part, analyzes the academic circles on the sexual bribery criminal justice, tocritique, argue against sexual bribery punishment as the research paradigm, the sexual briberyserious social harmfulness, should be subject to punishment and conform to the principles of criminal law into the necessity and feasibility of punishment of bribery punishment has been areality foundation.The third part, through the comparative analysis of differences in some other nationalbribe legislation pattern, in reference to foreign countries advanced legislative experience,considering China’s national conditions and judicial practice in China is determined by thechoice of legislation mode, namely: through the first amendment to the bribery crime ofmoney to bribe, then the judicial interpretation of the service scope of bribe. In the sexualbribery and sentencing, it can refer to the malfeasance crime sentencing sentencingpunishment mode of sexual bribery: social harm caused to bribe for sentencing benchmark,consider other circumstances, such as through bribery bribe and gain benefits for the state andsociety, caused by the loss of property size etc..The fourth part, the sexual bribery punishment judicial practice recommendations.Through the different function analysis of bribery, bribery and service providers in the briberycase of sexual bribery, clear legal position of main bodies involved in bribery, and criminaljudicial practice that may exist in the verification that difficult, difficult, difficult issues suchas evidence of a targeted solution.