影响力交易的思考

On Trading in Influence

影响力交易是《联合国反腐败公约》的规定,随着公约在我国的生效其国内化也为刑法学界所关注。影响力交易的有关行为在我国现行刑法中的行贿和受贿犯罪中有所规定,但在受贿主体贿赂范围等方面还存在不一致。我国不必直接引进影响力交易的规定,而只要在传统行贿受贿规定的基础上对贿赂犯罪的主体和贿赂的范围上有所调整即可。

Trading in the influence is a rule in UN Convention against Corruption. With the taking effect of the Convention in China, its internalization has become a concern for the criminal law academia. The behavior of trading in the influence is defined in the bribe crimes in current Chinese Criminal Law, but still differs in some aspects such as the bribery committing subjects and scope. It is not necessary for China to introduce the rules of trading in influence, instead, the bribery subjects and scope can be adjusted based on the traditional rules of bribe crimes.