性贿赂的刑法规制路径

Approaches to Regulate Sexual Bribery by Criminal Law

当今社会,性贿赂已然成为重要的贿赂方式,其对国家工作人员的腐蚀力甚至高于其他财物型贿赂。然则我国刑法并未将性贿赂纳入其规制范围,理论界对性贿赂入罪与否争论不断,实务中对性贿赂的处置方式不尽相同,这直接削弱了我国刑法对性贿赂的规制力度。应当试图跳出性贿赂入罪与否的争论漩涡,在现行刑法框架下探寻性贿赂的刑法规制路径;应当将间接性贿赂中的雇佣型性贿赂所涉赃款直接认定为受贿数额,将直接性贿赂与间接性贿赂中的指示型性贿赂直接规定为贿赂犯罪的法定从重处罚情节。

In today's society,sexual bribery has become an important way of bribery which corrupts state workers more severely than other types of property bribery.However,in China's criminal law,sexual bribery has not been included in the scope of regulation,so the theoretical circle has continuous disputes over whether sexual bribery is a crime or not,and it is handled in different ways in practice,thus directly weakening the regulatory force of China's criminal law on sexual bribery.We should avoid being caught in the controversies over whether sexual bribery is a crime or not,and seek for approaches to regulate sexual bribery under the current framework of criminal law.The money involved in employment-type sexual bribery of indirect sexual bribery shall be directly identified as the amount of bribery,and direct sexual bribery as well as instruction-type sexual bribery in indirect sexual bribery shall be directly stipulated as statutory heavier punishment circumstances for bribery crime.