Research On The Issue Of Sexual Bribery

Sex bribe can be regarded as a typical representative of non-material bribe whose proportion is continuously increasing in bribery cases.The elusive and non-material features of sex bribe make it more special compared with the general bribery crime.The social harmful effect of sex bribe is incommensurate to the bribery crimes of ordinary property.At present,there is a great theoretical controversy between the academic circle and the judicial circle on whether sexual bribery should be involved in the crime.Some scholars hold the affirmative idea,while some others oppose the view.However,regardless of the "positive" or "negative" view,sex bribe has become a social harmful effect that cannot be neglected.After analyzing the necessity and practical feasibility of the crime of sex bribe,the paper has explicated that it is necessary to bring sex bribe into the criminal law.On that basis,it further studies the legislative model of the crime of sex bribe.In addition,it puts forward the corresponding legislative suggestions on the selection of the law of sex bribe,the standard of conviction and sentencing as well as the setting of penalty by combining the legislative experience at home and abroad.Finally,it analyzes the dilemma that the judicial practice may encounter after incriminated the sex bribe,and proposes the corresponding measures.In conclusion,bringing sex bribe into the criminal law is conductive to adapt to the current anti-corruption situation and purify the social atmosphere,thus allowing the criminal law to be better acclimatized in social change,and achieve the adjustment on social relations.