A Study On The Conviction Of Sexual Bribery

With the development of society, corrupt personnel have not satisfiedwith simply property brings the material satisfaction, more and moreintangible benefits become switching power chip, which sex bribery as arepresentative.Sexual bribery as one kind of bribes, because of its intangibilityand concealment,gradually become one of the main means of eroding statepersonnel, the serious social harm no less than the property type. Howeverthe present criminal law for the content of bribery defined inthe“property” range, loophole of criminal law provide the crupper thereason of evading punishment.Whether the sexual bribery crime should be legislated, the domesticscholars form of the support and the opposition. The author thinks,whether a certain behavior should be convicted, depends on whether theact has serious social harmfulness and the penalty of crime. Sexualbribery in subjective malignant behavior, or legal interest infringement,have shown a very serious social harmfulness. But the current disciplinarypunishment mechanism has been unable to meet the needs of attacking thiskind of behavior. The sexual bribery crime is inevitable.The author inthis article will be divided into three chapters: the first chapter, an overview of sexual bribery. The author divideds this chapter into threeparts: the first part mainly expounds the sexual bribery concept and mainform of behavior; the second part is a detailed analysis of how to definesexual bribery, can accurately distinguish sexual bribery and othersexual behavior. Third part is a detailed comparative analysis of reasonfor the domestic scholars support and opposite to the sexual bribery crime,leads to this support the sexual bribery crime viewpoint. The secondchapter, the author from the point of the Inevitability of sexual briberycrime, is divided into two parts in detail. The first part, the authorfrom a theoretical perspective, analysis serious social harmfulnesscaused by sexual bribery, subjective aspects of malignant and theobjective and subjective aspects of the bribery crime, provides the sexualbribery crime of sufficient theoretical support. The second part from theconsideration of realistic necessity, through analysis of the existingloophole of criminal law, the weakness of disciplinary punishment, thetrend of international legislation and the masses foundation, reflect thenecessity and urgency of sexual bribery crime.The third chapter focuseson the analysis of the sexual bribery crime legislation, mainly dividedinto three parts. The first part introduces the developed countries andregions of bribery legislation mode, and the place worthy of our learning,combined with the domestic sexual bribery crime legislation pattern, theauthor suggests the criminal law should break through the contentrestrictions, change the “property” to “illegal benefits”. Thesecond part and the third part mainly for the sexual bribery crime, inthe conviction and sentencing and investigation on how to break throughinnovation, meet the needs of combating sexual bribery crime.