Firefighters are highly respected in China, as they should be for the dangerous job they do. With high honor earned from the job, the firefighters, as a major part of the nation's police force, should certainly not be involved in any form of bribery, including trading power or favors for sex. In a move to wipe out bribery and build a clean government, the Ministry of Public Security, top watchdog of China's police force, recently issued a self-discipline decree, which prohibits firefighters from committing sex bribery as part of its vigorous anti-corruption campaign. It's the first state decree on sex bribery in China so far.

Given an alarming increase in cases involving trading of power for sex, the decree was widely applauded. However, some questioned the legal basis of the decree. Two major amendments to China's Criminal Law in 1979 and 1997 failed to include sex bribery as a crime. When deputies to the National People's Congress, China's top legislature, proposed the enactment of an anti-sex bribery law in 2001, it was turned down as a result of too much controversy, in addition to the difficulty involved in making a conviction.

Violators of the recent decree will be given administrative demerits, but without legal approval, it is unclear whether the administrative decree will be effective. Those opposed to the idea believe that the decree lacks authority and operable rules. Others have confidence in the enforcement of the decree, saying that even the inclusion of sex bribery in the Criminal Law would not assure a clean government if it cannot be fully implemented.

Legal experts want to resort to legislative procedure, as they believe that crime and punishment should be defined and streamlined within a legal framework in a state ruled by law. Judicial interpretations and extensive rules are the most effective legal weapons against corruption, they argue.

Self-disciplined initiative

Tang Guangcheng (The Beijing News): The Ministry of Public Security leads in the fight against sex bribery since any form of non-material bribe is banned in firefighting units in pursuant to the newly released decree. The newly issued ban conforms to stipulations in international pacts like the United Nations Convention Against Corruption, which also suggests the inclusion of non-material bribes. Only tangible bribes are currently seen as evidence for prosecution in China, leaving a loophole in the legal system for illegal possession or trading of something intangible. The decree is a good supplement when criminal laws are incapable of reacting.

As we may find, nearly all of the ministry-level officials recently sacked for corruption in China kept mistresses.

In fact, the Supreme People's Court and the Supreme People's Procuratorate jointly issued a judicial interpretation in July to list 10 "new forms" of bribery, including seeking profits through "specially related persons," referring to close family members, relatives, lovers and people sharing joint interests. It's stipulated that civil servants who entrust mistresses to obtain bribes in the name of "cooperation" by acquiring investment securities, futures or other properties are equally guilty of receiving bribery themselves. Officials who accept sex services in exchange for power will also be severely punished.

Pan Hongqi (Beijing Youth Daily): Sex bribery has been the focus of public attention in recent years because of its growing existence in real life. As corrupt officials are heavily punished, the firefighting units' "sex bribery ban" is another mandatory warning for them.

Since sex bribery has not yet been criminalized in China, if the Ministry of Public Security transfers a firefighter who has received sex bribery to judicial organs, punishment it is at their discretion. If more governmental departments follow the example, it is likely that legislators will reconsider the proposal for inclusion of sex bribery as a crime in law.

Xiao Yuhen (Shenzhen News): Conviction for sex bribery is controversial in China because the present Criminal Law has failed to include non-material bribery as a crime. Corrupt officials who are trading power for sex can hardly be identified and thus punished. The firefighting units' ban on sex bribery will significantly raise the public awareness of this issue and help to push forward legislation against such crimes. Future legislation on sex bribery is expected to give a clear definition of what it is and more operable punishing rules to curb violation of sex-related crimes.

Zhang Ruoyu (Changjiang Times): Perhaps the difficulties in collecting evidence, weighing punishment and protecting privacy are all attributable to delays in creating "sex bribery" legislation.

It is understandable that the government is cautious to achieve a balance when legislative conditions are not mature. At the same time, however, Party discipline, administrative decrees and media supervision can be used to assist this anti-corruption initiative.

No legal basis

Xiao Hua (Sanqin Metropolis Daily): It seems that the government is decisive enough to crush corruption by listing the behavior of introducing mistresses as bribes. However, I'm not optimistic about the results as current rules are not able to rein in extravagant dining at public expense and the private use of public vehicles. People are not fearful of being punished because penalties are small and criticism mild. The decree of the Ministry of Public Security this time also failed to illustrate punishments for people involved in sex bribery.

Zhang Peiyuan (www.people.com.cn): The cheapest and most secret fashion of taking graft is sex bribery. Due to a lack of reference in the current legal system, however, anti-corruption bans cannot be effectively applied.

As we know, if there is no law, there is no crime and without a crime there is no punishment. The spread of bribery and abuse of public power in exchange for sex deals is more or less a result of the absence of legislation. The damage caused has made it a problem for the law rather than ethics.

Li Wanyou (www.tom.com): Because legal remedies have not been available to date, a number of officials have escaped punishment, even though there has been positive proof of their guilt. This lack of legal punishment has ruined the Party's image, and bred further corruption. Anti-corruption strategy should also advance with the times.

Deng Qingbo (jschina.com.cn): Trading public power for private interests and bribes is strictly forbidden and severely punished by the Criminal Law and the Civil Servant Law. Compared to laws at state level, discipline rules and regulations at department level are more random in application and less severe in making punishment. Department investigations before judicial inquiries in a criminal case have lessened the power of the law.