关于侵犯商业秘密罪的罪过形式,在我国刑法理论界存在着几种不同的观点。虽然认识各异,但争议的焦点主要集中在一个问题上,即本罪主观方面是否包括过失。笔者认为,正确理解这一问题必须与我国刑法的规定和司法实践相结合。本文拟对侵犯商业秘密罪的主观方面进行研析,以期能为解决该问题提供一些思路。 There are several different views on the criminal law theoretical circles in our country about the crime of infringing the trade secrets. Although there are different understandings, the focus of controversy is mainly on one issue, namely, whether or not the subjective aspects of this crime include negligence. The author believes that a correct understanding of this issue must be combined with the provisions of criminal law and judicial practice in our country. This article intends to analyze the subjective aspects of the crime of trade secrets infringement, with a view to providing some ideas to solve the problem.