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.

On the offence of infringing trade secret under the TRIPS system;

Analysis on the constitutive elements of the offence of infringing trade secret;

Seeing the speciality of trade secret and different opinions about the mens rea of the offence of infringing trade secret,the author thinks that fault is also a kind of mens rea and put forward some suggestions.

The crime of commercial espionage is a kind of intentional crime and its subjective a.

Compared with relevant rules of TRIPS, both our substantial and procedural legislation of the crime of commercial espionage have some defects that need perfecting.

According to the principle of a legally prescribed punishment for a specified crime,crime of infringing trade secrets in-cludes negli gence in subjective aspect.