The Study Of Sex Bribe Criminalization

In recent years, the behavior of sex bribe has spread like wildfire even in the situation where there is a corruption, there is a sex bribe, "the Case of Lai Changxing", "the Case of An Huijun"and "the Case of Jiang Yanping" such cases with sex bribes shocked by the sight. So this behavior having great magnitude has been a study target by a large number of scholars. The purpose of this essay is grounded on the scholar's research findings, to argue thoroughly the feasibility and the necessity of the criminalization of sex bribe and point out my own legislative thoughts.The essay consists of introduction, body and conclusion.In introduction, there is a simple exposition on research background, purpose and thought.There are five chapters in the body. In the first chapter, according to the profound analysis of the typical cases, I get the common feature for sex bribe in behavior agent, subjective aspect, behavior pattern, social hazard and judicial stability, and also draw a conclusion that there is a difference between the content of the two by comparing the special feature of sex bribe with the current law to bribe. The difference is that the traditional bribe is limited to the range of property while the sex bribe appears in the form of sex service. In the second chapter, I look back on two viewpoints of scholars: one is to support the idea of the criminalization of sex bribe and the other is not. Then I sum up their contradiction as follows: the point whether the bribe is limited to the scope of property; the point whether it harms the personal right of female under the condition of putting sex bribe in the scope of criminal law; the point whether the intervention of criminal law infringes the right of privacy to people, for sex is the privacy of individuals; the point whether sex bribe is involved in some uncertain problems about "emotion"; the point whether the invisibility of sex bribe cause the difficulty of obtaining evidence; the point whether it can lead to the difficulty of measurement of penalty because there is no way to quantify the range of sex and the point whether it can lead to the corruption of justice. By reviewing these points, I demonstrate initially the necessity and the feasibility of sex bribe criminalization. In the third chapter, I integrate the criminal standard from many scholars, and argue its necessity deeply. The sex bribe has severe social hazard and its spread out severely gets in the way of economic development, social progress, political and ethical civilization. The severe results of the behavior of sex bribe is obvious to all but the criminals still go after it and make it come true, though he is supposed to have the possibility of conducting the legal action, so it has great malignant in subject. It's hard in the current criminal law to regulate the behavior of sex bribe, so the criminalization of sex bribe benefits the social harmony and civil liberty. In the firth chapter, I focus on its feasibility. With the survey data and the bill from the NPC (the National People's Congress) members, to legislate for sex bribe fits People's will and lawmakers shouldn't neglect, I think, the legislation and justice of sex bribe crime has a long history in our country, and there are also some relevant rules in other legal norms, so it's a tendency for the legislation of the criminalization of sex bribe to that of anti-corrupt lawmaking in the world. In the last chapter, to be more in line with the United Nations Convention on the Law of Anti-corruption, extend the scope of criminal law and not against the modest restraint of the criminal law, make a distinction between the principle of specific crime and common crime, I have a legislative design for sex bribe crime, and analyze in very great detail in its concept, constitutive element and judicial identity.In conclusion, 1 reaffirm the necessity and feasibility of sex bribe criminalization, and point out that studying the behavior of sex bribe will be a help for regulating such a behavior, promote the speed of its criminalization, push the development of criminal legislation, and solve some problems which is inapplicable to law now in judicial practice.