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“性贿赂”现象蔓延的趋势相当严重,侵蚀着国家机构的廉政和优良的社会风气。在当今中国正在推行严惩贪污贿赂犯罪的刑事政策的背景下,然而,刚刚通过的《刑法修正案<九>》却没有对“性贿赂”入刑做出具体规定,给不法分子创造了进行“性贿赂”的机会。在现实中,“性贿赂”现象具有取证难、侦查难等问题,但是不能因为有困难就不将其入刑。就犯罪构成体系而言,“权色交易”行为符合贿赂犯罪的构成要件,将其入刑有利于弥补刑法的漏洞。
The tendency of the phenomenon of “sexual bribery” has been rather serious and has eroded the integrity of the state institutions and the fine social atmosphere. Under the background of the criminal policy of severely punishing crimes of corruption and bribery in China today, however, the “Criminal Law Amendment No. 9” passed just did not make any specific provisions on the criminal punishment of corruption and bribery, which has given criminals a chance to make “Bribe ” opportunities. In reality, the phenomenon of “sexual bribery” has the problems of evidence collection and investigation, but it can not be put on the sentence because of difficulties. As far as the criminal constitution system is concerned, “trading in the right color ” complies with the constitutional elements of bribery crime, and putting it into the penalty will help to make up for the loopholes in the criminal law.