Research On The Legal Issues Of The Identification And Punishment Of "Sexual Bribery"

In recent years,the central government has made great efforts to punish corruption.In the work of tackling corruption,the trading of power and sex is often accompanied,that is,sexual bribers try to seek personal interests through state staff by taking "women" as "chips" in power trading.It is true that the act of "sexual bribery" violates Party discipline and laws and should be prosecuted.However,in practice,the current criminal law and judicial interpretation only regulate the "sexual bribery" involving property and property interests,while there is no specific regulation for the pure one,which leads to the difficulty of "lawless" in identifying and dealing with.According to the principle of legality,the judicial organ can't investigate the criminal responsibility for the pure "sexual bribery",so some state staff evaded the law.Therefore,it is necessary to perfect the criminal regulation of "sexual bribery" and fill in the relevant legal loopholes so as to better control the sexual corruption.Based on this,through listing and summarizing the legal disputes in three cases involving "sexual bribery",this dissertation clarifies the treatment in the current legal system,expounds the status quo of "sexual bribery" regulation outside the country and the dispute of criminal regulation within the country,and puts forward the thoughts on improving the criminal regulation and solving the problems of identification and punishment.This dissertation will be divided into four parts.The first part is the overview of the case and the focus of the dispute,through the three cases,summed up the dispute involving "sexual bribery".The second part is the legal analysis of the dispute in the case,through the theoretical and legal analysis of the basic concept of "sexual bribery",involving personnel,qualitative and distinction issues,etc.The third part is based on the analysis of the blank of legal regulation in the case of "sexual bribery",introducing the legislation and judicial recognition in foreign countries and regions,providing enlightenment for the domestic cases,introducing the controversial views of scholars,and elaborating that "sexual bribery" should be carried out.The fourth part is to discuss the regulation mode of "sexual bribery",analyze the advantages and disadvantages of various modes,and finally try to find out the best mode in order to better solve the legal problemsof "sexual bribery" identification and punishment.