“性贿赂”入罪问题研究

近些年来，权色交易现象渐有猖獗蔓延之势，正日益严重地腐蚀着国家的机体并毒害着社会的风气。但是，目前我国刑法尚未明确规定性贿赂的治罪条款。刑法仅将贿赂的内容限定为财物．也即物质性利益，而对以非物质利益的行贿与受贿留下了刑罚的死角，给不法分子以可乘之机，给社会带来了极大的危害。

A Study on the Conviction of Sexual Bribery

The sexual bribery in exchange for power has been increasing in recent years, which seriously undermines the government organs and jeopardizes the society. However, there are no definite clauses on the sexual bribery in the Criminal Law of China, and the bribery crime specified in current Criminal Law only refers to the property and money, that is, the material benefits. Therefore, the bribery related with the nonmaterial benefits still leaves a blank space in criminal penalty, which leaves much room for the law violators to make use of such an advantage and brings a serious consequence to the society. The writer first demonstrates the necessity and feasibility of conviction of sexual bribery on the basis of historical review, case study and legal analysis and then further gives some specific proposals on legislation.