论文部分内容阅读
十一届全国人大常委会第七次会议通过《刑法修正案(七)》(以下简称《刑修七》),其中第13条对之前的《刑法》第388条进行了补充,增设了“利用影响力受贿罪”这一罪名。该罪名的设立,无疑在立法上严密了我国打击腐败的刑事法网。但对于此罪名的解读,学界一直存在争论,而体系性的司法解释亦未出台。因而在司法实践中,对于此罪名的适用依旧十分谨慎。欲使此罪名在实践中得到充分适用,学界与实务共同接受的成熟理论至为重要。
The Seventh National People’s Congress Standing Committee adopted the “Criminal Law Amendment (VII)” (hereinafter referred to as “Punishment Seven”), of which Article 13 of the previous “Criminal Law” 388 to be supplemented by the addition of “Use the influence of bribery” of this charge. The establishment of this charge will undoubtedly have strict legislation in our criminal law net against corruption. However, for the interpretation of this crime, the academic circles have been arguing for a long time, but systematic judicial interpretation has not been published yet. Therefore, in judicial practice, the application of this charge remains cautious. To make this accusation fully applicable in practice, the mature theory that academics and practice jointly accept is of the utmost importance.