The Criminal Regulation Of Sexual Bribery

There’re lots of difficulties on the road to adopting the sexual bribery to scopes of adjustment of criminal law, so the debate of incrimination or not also has its rationality. With the in-depth of anti-corruption, the related words go into people’s eyes again like “power and sex trade”, “mistress”, “officials pornographic photos”, etc. People have already believe that embezzlement must be related to such issues, but the investigation doesn’t involve these in the reality. Although the voice of punishing the sexual bribery is growing louder, but the punishment is merely based on morality or party and government discipline, the penalty never take a step forward. As the loopholes in law, it has serious harmfulness to society which we can’t ignore. The sexual bribery leave a new path to broke up the regulation of corruption and it is no longer simple as the satisfaction of physiological needs. Too horrible for a official who works for people accepts the bribes and abuses power to damage the interests of country and people. But there’re still many scholars oppose the incrimination because of the object of crime, breath of the principle of legality and criminal law’s modest character, the difficulty of obtaining evidence and sentence, etc. Informing about the Anti-Corruption Convention and relevant provisions in Ancient China, HK, Taiwan, Japan, US, Germany, Italy and other countries and regions that have been analyzed by many scholars, I believe that it is necessary to further explore. It is necessary and feasible to incriminate the sexual bribery according to the 18-year’s focus of controversy and improvement of China’s rule of law.The author concerns more about the sexual bribery and talks about the necessity and feasibility in this master’s thesis. Through analyzing specific measures in the legal practice after the incrimination, it be provided a opportunity to improve the legal thinking. I’m also gratified if something will be help in the rule of law.The article is divided into five chapters talking about the sexual bribery.The first chapter is the introduction,talking about the main problem with two typica l cases.The second chapter is a summary of sexual bribery proposing the concept by referring to the other scholars’ definition and analysis, and disserting the characteristics in accordance with the specific forms of social practice. It also discusses the range of sexual bribery, domestic and foreign legislation and the scope of the bribery in law.The third chapter analyzes the reasons from both side. The main reasons of supporters are: ①it has serious social harmfulness.②it has been no longer bound by the party discipline and morality.③it is a element of crime.④sexual bribery conviction and personal privacy protection is not contradictory. The main points of opponents are:①sex behavior belongs to morality and it should be adjusted by ethics.②it obey the modest character of criminal law.③incrimination is uncertain about the connotation, lacking of maneuverability and has difficulty in conviction and sentencing. Against the opponents there’re three points:①incrimination doesn’t contradict the range of moral adjustment.② it dose not violate the modest character of the criminal law. ③ difficulty in investigation,conviction and sentencing should not hinder the incrimination.The four chapter is the necessity of the incrimination, mainly containing the following aspects:①sexual bribery is a invasion of the fair and free competition in socialist market.②it meets the demands of public opinion.③the provisions about the bribery can be improved. These aspects also explain the urgency of the incrimination.The fifth chapter is the key of this article that talking about the legislation of sexual bribery and the sentence after conviction, then the author puts forward his own point of view based on the two main problems.