Study On Sex Bribe Criminalization

Although the argumentation about whether sex bribe should be criminalized is very heated,it is a undeniable truth for the pros and cons that sex bribe is widespread and does seriously harm to the society. On account of this, in view of supporting sex bribe criminal-lization and on the basis of teasing out controversy focuses of both sides,the author summarizes some key questions which obsturct sex bribe criminalization currently and simultaneously investigates them one by one thoroughly to try to promote the advance of sex bribe criminalization.The paper comprises three parts:introduction, main body and epilogue.The Introduction section mainly introduces topic background and significance, research status quo, literature review,and principal research methods of the paper.The main body section consists of three chapters. First,the first chapter separately introduces the viewpoints on sex bribe criminalization of the pros and cons and the rebuttal viewpoints to the cons presented by the pros.Based on this, the author concluded that there is no divarication between the pros and the cons on the most critical question of determining criminalizing sex bribe (the truth that sex bribe is widespread and does seriously harm to the society).This conclusion will be the foundation of supporting sex bribe criminalization for the paper.However,other questions either are reached a consensus of tending to criminalization by both sides through discussing,or have no need or possibility to be deep research. Therefore,whether sex bribe can be criminalized depends on whether the questions can be resolved better,which are divaricate seriously for both sides and theoretically and practically important.The questions comprises:whether the concept of "sex bribe" is reasonable;how to define the connotation and extension of "sex bribe";whether sex bribe can be distinguished from illicit sexual relationship;how to choose the mode of criminalizing sex bribe;whether sex bribe criminalization should be disting-uished by the sexual service providers;and how to determine the legal status of "the third person "in sex bribe. The second chapter first analyses the reasonableness of the concept of "sex bribe",in view of meanings of related logic concept and words, meanings changes of "bribe", bribery and essence of "bribery", changes of objective reality, mentality of the public,etc;And then defines "sex bribe" to be heterosexual sexual intercourse in view of social harmfulness and judicial practice;At last deep discusses the relationship between sex bribe and illicit sexual relations.The author considers that sexual service providers,who do not figure for any benefit and simply attempt to seek for pecuniary interest,do not constitute sex bribery;and only those people constitute sex bribery,who provide sexual service for making use of the influence brought by act of duty or authority, status of the national staff,and for the subjective purpose of attempting to seek irregular profits. The conclusion is elicited by analyzing "to seek illegitimate interests" from the essence of bribery crime. Subsequently the author refutes a relatively general viewpoint,that is:no distinguishing the subjective purpose,all illicit sexual relationship activitiesare are to be treated as sex bribe because they can induce crime by taking advantage of duty. The author considers that although illicit sexual relationship is the inducement of crime by taking advantage of duty,however,it is not the root cause.The root cause lies in the national staffs their own.So illicit sexual relationship and sex bribe must be distinguished,or the bound of criminal punishment will be expand improperly.Later,though analysing the author considers that the subjective purpose of both sides can be judged by the following aspects:methods that the national staffs obtain sexual services(request or accept); methods that the sexual service providers provide sexual services((self or others, the number of providers,environment, etc.); words and deeds of the sexual service providers on sexual relationship;whether both sides have emotion each other. And whether both sides have emotion each other can be determined in view of the duration of their contact;if the trade relations are obvious;if the object is single or not,etc.Analysis of this chapter may clear the obstacles for sex bribe criminalization, from aspects of the relation between morality and law;the restraining of the criminal law; right of privacy of the national staffs; right to learn the truth of the public;and the operability of judicial practice. Based on the analysis of the second chapter, first the third chapter deep analyzes the choice of the mode of criminalizing sex bribe for some scholars in view of the identity between sex bribe and property bribe;the simplicity of the language of criminal legislation;the preciseness of the criminal law logic;the stability of the criminal law; principle of a legally prescribed punishment for a specified crime;and the embodiment of value of the criminal law. And then propounds a new mode of criminalizing sex bribe which combines bill of amendment of the criminal law and judicial interpretation. Afterwards, aiming at the viewpoint brought by some scholars that whether sex bribe commits a crime should be treated on the basis of distinguishing that the sexual service providers are sexual workers,or trustees themselves or their relatives or friends,the author considers that it is the same on social harmfulness for "power-for-sex deal" and "power-for-money deal"sex bribe,and even the"power-for-sex deal" is more serious than the"power-for-money deal".But it is not constrainted by any state laws and regulations.So it should not be excluded from the scope of the criminal law regulation.Summarizing the full text, the epilogue section considers that the research of the paper may resolve problems obsturcting sex bribe criminalization to a certain degree,therefore,it acts as the use of promoting the advance of sex bribe criminalization. Synchronously the epilogue indicates that sex bribe criminalization will be faced with some mistakes possibly,so we should guard against the problems caused by it such as judicial corruption. Finally,the section points out the deficiencies of the paper, in order to arose the scholars to do further research.