“利用影响力受贿罪”若干问题研究——以《联合国反腐败公约》为视角

On the Crime of Taking Bribes by Abusing Influence——From the Aspect of the United Nations' Convention against Corruption

为因应现实中复杂多样的腐败行为以及履行《联合国反腐败公约》所确立的义务,《刑法修正案(七)》第13条设立了刑法规范对部分影响力交易行为予以规制。其罪名宜确定为"利用影响力受贿罪"。相较于《联合国反腐败公约》,本罪处罚范围明显过窄。本罪主体中近亲属的范围应依刑事诉讼法划定;同时,国家工作人员亦有构成本罪的可能。

In order to deal with the complexity of bribery and to fulfil the obligations of the United Nations＇ Convention against Corruption, Article 13 of the Criminal Law Amendment VII penalizes the partial action of trading in influence. Its accusation should be ＇ crime of taking bribes by abusing influence＇. In contrast with the Convention, its punishment scope seems too narrow. The range of the subject＇ s being close to relatives in the crime should be delimited according to the Criminal Procedural Law and a goverment functionary can also convict the crime.