“性贿赂”惩戒刑罚化探析——以法律与道德之关系为视角

在当下我国的贿赂犯罪形势日趋严峻,大案要案频频发生,其方法、手段也日渐多样化的情形下,我国刑事立法把贿赂犯罪的贿赂物限定在财产性物质上其弊端日渐显现.权色交易已不属于私德范畴,而是属于公德范畴并纳入到法律调整范围.将性贿赂入罪虽存在定罪量刑、取证、证明等方面的重重困难,但是,这是立法技术问题,不能以技术操作的困难来否定立法价值.

Analysis of legal penalties on sex bribery——From the angle of relationship between laws and morality

The current situation of China's bribery is more and more serious,and there are more and more big cases,and bribery means are diversified,as a result,the defects of China's criminal laws about confining boodle from bribery crime to property materials are more and more obvious,and the power-sex transaction does not belong to personal character category but belongs to public character category and is adjusted by laws.Criminalizing sex bribery has a lot of difficulties in judgment of the crime,evidence collection,proof and so on,but this only covers legislative techniques and its legislative value should not be denied because of technical operation.