Thinking About Sex Bribery Crimes Legislation

With the social and economic development, pure substances can not be moved by the temptation of corrupt elements, more and more non-material interests become increasingly switching power conditions, of which the most common is bribe. As a special form of sexual bribery bribery, to become one of the main means of national staff corrosion due to its having a non-material and concealment, seductive. Sexual bribery exhibited serious social harm as much property bribery offense, even more so. However, the content of the existing criminal law of bribery only defined within the "property" of the range, and no property other than the sexual bribery provisions, including the legal loopholes and gaps so many bribe corrupt behavior can not be given due punishment, the passage of time so that property of the state, society and people are more and more losses.Whether for sexual bribery incrimination, academic support and opposition to the formation of two voices. Supporters have serious social harm from sexual bribery, in line with the restraining criminal law, with the perspective of crime constitution condition argument should incriminate bribe. Opponents from bribery content limited to property, bribe-incrimination does not comply with the principle of legality, bribe a moral constraint range perspective of their view that inappropriate sexual bribery incrimination. The author believes that crime is under criminal law should be subject to the penalty imposed on the behavior of serious harm to society. It has serious social harm, violation of criminal law and criminal penalty shall be governed by three basic characteristics. To determine whether an act constitutes a crime, the key depends on whether the act with the above three characteristics. Sexual bribery, whether in the subjective vicious, or beneficial aspect of acts against the law, they have shown serious social harm. Bribe with crime constitution condition, should be subject to criminal punishment. Furthermore, the current party and government discipline punishment mechanism can not meet the need to combat such behavior, only by moral constraints has been to no avail. Thus, sexual bribery incrimination is the trend.The article is divided into three parts to write: The first chapter is an overview of the bribe. This part describes the definition and characteristics of bribe, the main difference between bribe behavior, sexual bribery and bribery of property; the second chapter demonstrates the necessity and feasibility of both the grounds sexual bribery incrimination. Chapter III Legislative Thoughts on the basis of the analysis of the first two chapters of the proposed sexual bribery incrimination, including sexual bribery incrimination mode selection criteria and sentencing investigation difficult measures. Wherein the content of the survey aspects related to permit to take the focus of this article is to solve the problem.