Research On The Criminalization Of Sexual Bribery

Bribery crime is very common in all countries.It has evolved into a social phenomenon that is difficult to capture.When the state power comes into being,it comes into being.If the desire of human nature is not limited,it will expand to abuse the power in hand to satisfy their own selfish desire.As the "sexual desire" of human nature,some power holders will flock to it.Therefore,power must be locked in the cage of the system.Bribery crime destroys the order of socialist market economy,disturbs the normal economic order and infringes on the legal interests protected by criminal law.It is controversial whether "sexual bribery" as a representative of non-property interests can be the object of bribery crime.The controversy over his conviction has puzzled the theoretical and practical circles of Chinese criminal law for many years.Sexual bribery often plays a necessary role in punished corrupt official cases.New forms of bribery such as power-money transaction and power-color transaction make us realize that more novel and obscure forms of bribery are occurring quietly.Sexual bribery has gone beyond our daily view of it and has evolved into a super-social anomie.China Discipline Commission calls for greater investigation and punishment of power and sex trading cases,such as Liu Zhijun case,Liu Tie nan case,Lei Zheng fu case,Anhui Jun case,etc.However,the result of the final judicial judgment always deviates from the expectations of the public.The criminalization of sexual bribery has not entered the legislative agenda and is still in the theoretical discussion of criminalization.The recent cases of Yan Yong jun’s corruption and bribery have made a breakthrough in the current judicial situation.The court has recognized the computable "sexual" service fee accepted by the court as the proceeds of bribery,which has opened the way for "sexual bribery" to be recognized as a crime.China’s criminal law does not stipulate that the acceptance of "sexual bribery" by bribery recipients is a criminal act,but the harmfulness of "sexual bribery" is obvious to all.Considering the nature of crime and the protection of legal interests of corruption and bribery crime,its conviction is necessary and reasonable.The most controversial issue is the scope of the object of bribery crime.Whether the explanations of "property" can be expanded depends on the value judgment of legislators.This requires us to adhere to the basic principles of criminal law to make legal interpretation,balance the scope of expansive interpretation and analogical interpretation,and decide whether "non-property interests" can be included in the scope of the object of bribery crime.At present,"sexual bribery" is in the three-dimensional zone where both moral and legal norms are out of control.The absence of specific legal provisions leads to the fact that this socially harmful act can not be regulated by the Criminal Law in time and has the trend of spreading and expanding.Of course,it is only under the current criminal law norms that the ultimate offence of sexual bribery can be achieved through the comprehensive integration of various factors,such as the maturity of market economy,the establishment of diversified value measurement standards,the continuous discussion of criminal law scholars and the choice of legislators.At present,there are still many immature aspects in the criminalization of "sexual bribery" in China,such as many obstacles at the institutional and judicial levels.If there is no good legislative concept and system to protect,it is of no practical significance to discuss the conviction of "sexual bribery".This article is trying hard in these aspects.