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作为《刑法修正案(七)》中补充规定的一个罪名,利用影响力受贿罪的出台填补了我国在打击贪污贿赂犯罪领域的一个空白,有效打击了这种犯罪形式。然而,对于此罪的构成要件和认定,自2009年2月28日实施至今已经5年,但在实务中笔者发现仍然有诸多的问题需要我们探讨。本文从犯罪构成入手,浅显谈谈如何认识利用影响力受贿罪。
As one of the additional provisions in “Amendment to the Criminal Law (VII)”, the introduction of the crime of accepting bribes by influence has filled a gap in the field of combating corruption and bribery in our country and effectively cracked down this form of crime. However, as for the constitution and identification of the crime, it has been five years since it was implemented on February 28, 2009. However, in practice, I find that there are still many problems that we need to explore. This article starts with the constitution of crime, and talks about how to understand the crime of taking advantage of influence.