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自十八大闭幕以来,随着党和国家加强反腐力度,一大批官员纷纷落马。值得注意的是在落马的官员中,不少是和“性”有关。在危害我国国家机关廉政建设的犯罪行为中,“性贿赂”由于其隐蔽性强、社会危害性大而逐渐被人们所重视。然而在具体案件处理中,由于我国刑法缺少有关“性贿赂”的法律规定,在法律实践中,性贿赂的认定及定罪量刑往往会陷入困境。本文通过分析“性贿赂”概念及特征从而找出“性贿赂”认定及定罪量刑困难的原因并提出具体的解决方法。
Since the closure of the 18th CPC National Congress, a large number of officials have plummeted as the party and state stepped up efforts to fight corruption. It is noteworthy that many of the officials who were arrested were related to “sex”. In crimes that endanger the building of a clean government of state organs in China, “sexual bribery” is gradually being valued by people for its concealment and social harmfulness. However, in the handling of specific cases, due to the lack of legal provisions on “sexual bribery” in criminal law in our country, in the practice of law, the determination of sexual bribery and conviction and sentencing are often in a dilemma. By analyzing the concept and characteristic of “sexual bribery”, this paper finds out the reason of “sexual bribery” and convicts the sentencing difficulty and puts forward the concrete solutions.