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因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)》增加规定了利用影响力受贿罪予以规制,这一规定解决了过去在司法实践中长期困扰司法机关的一些难题,相较于《联合国反腐败公约》,本罪处罚范围明显过窄,同时规定本身存在模糊性使得对该罪的适用时产生了一些新的问题,因此,笔者拟对该罪的主体范围的界定进行探讨,以期能对司法实践有所裨益。
Due to the reality of complex and diverse acts of corruption and the fulfillment of the obligations established by the UN Convention against Corruption, “Criminal Law Amendment (VII)” provides for the regulation of the use of influence to accept bribery, a provision that resolves the past in judicial practice Compared with the United Nations Convention against Corruption, the scope of the punishment for this crime is obviously too narrow. At the same time, the provision itself has ambiguities that have brought some new problems in the application of the crime. Therefore, The definition of the scope of the main body of the crime is discussed in order to be beneficial to judicial practice.