“性贿赂”的非罪性探究

Non-crime Investigation of "Sex Bribery" and Its Restraints

"性贿赂"社会影响恶劣,危害巨大。其是否入罪是司法界、学术界长期争议的一个问题。就法理层面而言,"性贿赂"与当前法律认定的贿赂之间存在巨大差异,其入罪与"刑法的谦抑性"原则相悖;在司法实践上,对"性贿赂"的调查还存在取证困难、难以定性定量等问题;同时"性贿赂"还可能危害公民的人格尊严和暴露个人隐私。当前,"性贿赂"不宜入罪,但可以通过增加量刑情节、加大惩治腐败力度、提高道德修养以及加强媒体和群众监督等四个方面予以约束,减轻其危害。

"Sex bribery"possesses odious social influence and huge hazard.It has been a long-term controversy in both judicial and academic circles whether it is convinced or not.In terms of legal principle,"sex bribery"exists great difference with the bribes confirmed by the current law;thus,it violates the tolerance of criminal law if it is convinced;in judicial practice,investigation on"sex bribery"still exists problems such as limitation of evidence collection and difficulties on conducting quantitative and qualitative determination;simultaneously,"sex bribery"also possibly harms the citizens'personal dignities and expose their privacies.Currently,"sex bribery"is inappropriate to be convinced.However,it is able to be restrained to reduce its hazards from four aspects,which are increasing circumstances of sentencing,strengthening criminal punishment for corruption,improving moral cultivation and enhancing supervision by media and masses.