A Research On Sexual Bribe

Bribery crime is a chronic and stubborn disease in both China and other countries in the world. With the development of society, forms of bribery crime tend to be diversified and complicate, among which the material interests is not the entire content of bribery crime while non-material interests has also become one of major elements of bribery, for example, sexual bribe.In this thesis, the definition of regulation and control scope of criminal law should be in accordance with social needs, starting with this, the author holds that sexual bribe acts should be criminalized and be regulated by criminal law. After the definition of sexual bribe acts, the author cites positive and negative views in theoretical circle, and also the legislative situation in China and other major countries. In the following text, the author disserts on the essentiality of the criminal legislation of sexual bribe with lots of ink, meanwhile, the author puts forward several suggestions on the criminal legislation of sexual bribe. Finally, a brief discussion is made on a special issue of sexual bribe, that is, the legal position of the third party who specializes in sexual intercourse in criminal law. In the conclusion part, the author points out the theme of this thesis again and emphasizes that it is the inevitable trend of social development to criminalize sexual bribery.In the foreword, the author gives argumentation on the standard of regulation and control scope of criminal law. The author is of the opinion that the regulation and control scope of criminal law should be defined on the basis of social needs. The standard of the regulation and control scope of criminal law is one of the basic issues in the field of criminal law. Both criminalization and decriminalization of acts are evaluations on concrete behavior, which can not be separated from the element performing action. Also, criminalization or decriminalization of a certain behavior which only aims at behavior itself is a result and can not determine certain trend based on this.Subsequently, a brief definition of sexual bribe is given in chapter one: government employees take advantage of their authorities or facilities formed by their status to request sexual service or accept sexual service illegally in order to seek irregular profits for others; or refers to such behavior that the actor or organization offers government employees with sexual services for seeking irregular profits. At the same time, the author gives statement on the reasonability of the title of sexual bribe, which is, the title of sexual bribe is accepted by the mass in both usage and part of speech. What is more, corresponding analysis is made on the typical mode of sexual bribe behavior with the purpose to specify correctly the sexual behavior in the definition of sexual bribe.In chapter two, positive and negative views on the legislature of sexual bribe crime in China's theoretical circle of criminal law. Scholars with positive views, legal practice staff and deputies to the NPC support the legislature in the way of theory, practice and law bill, while opponents rebuts them from aspects of cultural tradition, vocabulary formation, the modesty and operability and others.Chapter three gives a brief introduction to the real stipulation of criminal legislature of sexual bribe, including legislature conditions in mainland and four districts of China, also other major countries. Besides, the content of legislature of sexual bribe is summarized correspondingly.Chapter four and five are the main body of this thesis. The author analyzes the criminal legislature step by step pleasingly and impressively with voluminous ink, furthermore, the author gives detailed argumentation from aspects of theoretical behooves obligatory and virtual reality.Meanwhile, legislative suggestions on criminal legislature are proposed. When the theoretical behooves of criminal legislature of sexual bribe is stated, through getting rid of undistributed and inaccurate sayings like deals between power and money, exchange power for interests, or abusing power for personal gain and others, the author firstly discusses the essence of bribery behavior, namely seeking interests by abusing public powers. Then, with the need theory as basis, the author enlarges the scope of bribe reasonably and increases its denotation, where all forms of interests that can be exchanged with public powers are include. Next, by using the method of deductive reasoning from the major premise—minor premise—conclusion, the author gets the conclusion that the essence of sexual bribe is the reflection of the essence of bribery behavior. In the part of argumentation on the criminalization of sexual bribe from the essence of crime, by arguing the sexual bribe from three aspects of violation of law benefits, subjective viciousness and objective viciousness, it is concluded that sexual bribe severely violates state law benefits, the subjective viciousness of the actor is strong, and also the behavior itself is greatly detrimental to society and lasts for a long time, thus it absolutely reaches the necessary level of criminal legislature. In addition, analysis on the criminal elements of sexual bribe is made to further prove the essentiality of its criminal legislature in theory.In the argumentation on virtual reality of criminal legislature of sexual bribe, the special investigation report of sexual bribe made by Beijing Oriental Maple Consultation Co., Ltd which is targeted at the whole nation was referenced to show people's hatred to sexual bribe behavior. Also, limitations of party discipline, administrative discipline, laws beyond criminal law and social ethics when restrict sexual bribe behavior are discussed, and also the existing criminal law can not meet the requirement of punishing sexual bribe. It is pointed that criminal legislature of sexual bribe behavior is urgent and commands public respect and support.In chapter five, the author proposes legislature suggestions directing towards the viewpoints of opponents that it is difficult to determine the nature of the crime and also difficult to collect evidence. The author holds the viewpoints that conviction and sentencing of sexual bribe crime should be in accordance with the seriousness of the case. As to sexual bribe behavior that the heterosexual briber who direct make bribe by sex or the person who makes this request actively, when the criminal penalties to people who bribe or bribed, it should take the extent of social harm caused by sexual bribe as main criterion, considering comprehensively other situations like the size of illegal benefits gained by taking advantage of power, the size of loss to state property and the size of damage to the normal activities of state organs. That people who make bribe offer sexual services to government employees in various activities and pay related expenses equals to the money that is used to bribe government employees. It can be handled according to the conviction standard of bribery crime. When expenses relating to sexual services paid by the briber are below 5,000 Yuan which is the standard to put bribery crime on file, it can still be taken as one of crime circumstances and measured harsher penalty. If the party who takes bribe has other bribery acts, the expenses for sexual service paid by the briber should be added to the bribery money, making punishment based on both crimes. As to the condition of difficult collection of evidence, it can be solved through the way of combining hi-tech criminal investigation measures and the inversion of responsibility of lodging evidence.Finally, the author takes the issue of the status of the third party who specializes in sex in criminal law as an independent chapter and distinguishes the third party as the briber, or the accomplice or the guiltless according to different situations.In the conclusion, the author emphasizes again the statement that criminalization of sexual bribe is an inevitable trend. The author also estimates difficulties in legislature procedure, and shows expectations to the future of legislature.