《刑法》388条规定,可能构成利用影响力受贿罪的主体包括这样三种人:一是国家工作人员的近亲属或与存在密切关系的人;二是已经离开其职位的曾任国家工作人员;三是业已离职的国家工作人员的近亲属或与其存在密切关系的人。看起来对利用影响力受贿罪主体的法律规定是明确的,但在具体的司法实践中对主体要件理解和适用存在一些疑难问题,需进一步探讨。 Article 388 of the Criminal Law stipulates that the subjects that may constitute the crime of taking advantage of influence include the following three kinds of people: one is a close relative of a national staff member or a closely related person; and a former national staff member who has left his post ; Third is the close relatives of the national staff who have left or have close relations with the people. It seems clear that the legal provisions on the use of the main body of influence bribery are clear, but there are some difficult problems in the understanding and application of the main body elements in the specific judicial practice, which needs to be further explored.