《刑法修正案(七)》增设了利用影响力受贿罪,为依法惩处官员“身边人”索贿受贿犯罪,加大反腐败力度,提供了有效法律依据。然而,《刑法修正案(七)》实施以来,司法实践中以该罪名查办的案件数偏少,与实现遏制“身边人”犯罪的立法目的存在较大差距。因此,需要加强对利用影响力受贿罪的犯罪构成研究,其中重点是,客观要件方面涉及的行为方式、利用便利条件和不正当利益的认定。 The Amendment to the Criminal Law (VII) provides an additional legal basis for taking advantage of the crime of accepting bribes for punishing crime of taking bribes and bribing an official according to law, and intensifying anti-corruption efforts. However, since the implementation of the “Amendment to the Criminal Law (VII)”, the number of cases investigated in the judicial practice on such charges has been somewhat small, which is quite different from the legislative goal of deterring “crimes by the side”. Therefore, it is necessary to strengthen the study on the crime of using bribery by influential factors, and the emphasis is on the ways of behavior, utilization conveniences and improper benefits involved in objective elements.