The Legal Thinking Of Sexual Bribery Punishment In China

In recent years,with China's anti-corruption work,some social events such as the "Liu Zhijun incident" "Lei Zhengfu incident" "GSK executives" incident surfaced,"sexual bribery"gradually came into our sight."Sexual bribery" as a new type of crime,the social harm is obvious.And there is a growing trend.In the "United Nations Anti-corruption Convention",the scope of bribery crime,including all improper benefits.China joined the Convention.But at present our country criminal law on bribery regulation is limited to property,without a clear regulation of "sexual bribery".Although the judiciary interpretation of High People's Court in 2008 explained the money can be used to quantify the sexual bribery behavior which can be called the bartering type bribery by law.But the part of sexual bribery that cannot be measured on money,we can call it the deal between power and sex.There is still no effective solution.With the growing number of countries expand the scope of the regulation of bribery of non-property interests,including "sexual bribery" and other improper benefits.Many scholars have argued the legislation should be complied with the international trend.Some scholars have opposed the inclusion of sexual bribery in criminal law at the same time.Whether the "sexual bribery" should be punished or not,sparked controversy.Some scholars hold the "positive"opinion:think that "sexual bribery" should be incorporated into the criminal."Social harmfulness of bribery" is not less than the property bribery crime,which with a serious violation of the integrity of the national staffing.Moreover,it is difficult to obtain evidence and it is a violation of the principle of modesty.Those reason,cannot be avoided and as the excuses of the "sexual bribery".While the scholars who holding the "negative" points think that the "sexual bribery" is extremely subtle.The forensics and sentencing are very difficult in the judicial practice.This article is aim to expound the inducing thinking of "Sex Bribery" Legal consideration into the criminal.The feasibility of sexual bribery punishment was analyzed,hoping to put forward the reasonable scheme design of practice on the penalty system to solve the dilemma of "sexual bribery punishment".