摘要：近些年来贿赂犯罪逐渐趋于多样化，为了应对贿赂犯罪的犯罪形态逐渐趋于复杂化的形势，我国在《中华人民共和国刑法修正案（七）》第13条中增设了利用影响力受贿罪这一罪名。该罪名的增设使我国的各项立法体系逐渐完善，填补了一定的立法纰漏，对进一步惩治贪污腐败类犯罪做出了不可磨灭的作用。但是，本罪仍存在着一些不足，如在构成要素的认定方面规定还比较模糊，在刑罚裁量和资格刑的标准上也存在着很多缺陷。因此，本文将从该罪的概念、构成要素、等方面入手，通过细致的分析和阐述，提出使本罪更加完善的合理建议，希望该罪在司法实践中发挥更大的价值。

关键词：利用影响力受贿罪 犯罪构成 不正当利益 缺陷及完善

On the crime of taking bribes by using influence

Abstract：In recent years, bribery crimes have gradually diversified.In order to deal with the situation that the criminal forms of bribery crimes have gradually become more and more complicated,China has added the crime of taking bribes by using influence in Article 13 of the Criminal Law Amendment (VII) of the People's Republic of China. The addition of this charge has gradually improved the legislative system of our country,filled up some legislative loopholes, and played an indelible role in further punishing corruption crimes. However, there are still some deficiencies in this crime,such as vague provisions in the identification of elements, and many defects in the penalty discretion and qualification penalty standards. Therefore, this paper will start from the concept of the crime, components,criminal forms and other aspects, through detailed analysis and elaboration,put forward reasonable suggestions to make the crime more perfect,hoping that the crime in the judicial practice to play a greater value.

Key words: the crime of taking bribes by influence;The constitution of the crime; Illegitimate interests; Defects and Improvements