对于《刑法修正案(七)》第十三条的规定,在理论界和实务界认识不一,有观点认为该条只是扩大了原有犯罪的适用范围,有观点认为该规定是增加了新的罪名,但对罪名的确定,又存在不同理解。笔者从国际立法趋势和当前的司法实践需要出发,认为《刑法修正案(七)》第十三条的规定构成独立罪名,应确定为影响力交易罪。并结合刑法理论,从犯罪构成角度对其进行了详细阐述。 For the provisions of Article 13 of the Amendment to Criminal Law (VII), there is a difference of understanding between theorists and practitioners. Some people think that this article only expands the scope of application of the original crimes. Some people think that this provision adds new ones However, there are different understandings of the charges. Based on the trend of international legislation and the current judicial practice, the author thinks that the provisions of Article 13 of the Amendment to the Criminal Law (7) constitute an independent charge and should be determined as the crime of influence transaction. Combined with the theory of criminal law, it elaborates on the constitution of crime from the perspective of criminal constitution.