From analysising of intentional fault of their own and real meaning,this article gives synthesis and assessmento on the various viewpoints,puts forward a hypothetical that sin fom of imaginary defense of can not be a deliberate criminal act,and it should be criminal negligence.

There is a theory held by the theoretical field of Chinese criminal law that criminal intent can be divided into intent before the fact and intent after the fact.

The differentiation between intent and negligence constitutes a basis for the tort law.

After revision of the criminal law in 1997,it added a new crime,the trade-secret crime,but whether the form of infringement of trade-secret offence is intent or negligence is disputed hotly,thus which in legal practice affects dealing with and cognizance the crime correctly,disturbing the function of criminal law of guaranteeing the so- ciety.