刑法将商业秘密独立归罪已有十余年了,但是由于条文规定的不完善,造成实践操作中的诸多困难。在罪刑配置角度就存在罪刑结构不合理,罪行配置过于粗疏等缺点。借鉴国外的经验结合我国的国情,我们宜在罚金刑的设置上进行努力,并且应当对不同的侵犯商业秘密的行为设立不同的法定刑幅度。 Criminal law has independently indebted commercial secrets for more than ten years, but due to the imperfect provisions of the provisions, resulting in many difficulties in practical operation. In the point of view of the distribution of crime and punishment there is the disadvantage that the structure of crime and punishment is irrational and the crime is too loose. Draw lessons from foreign experience and China’s national conditions, we should work hard on the setting of fines and penalties, and we should set different levels of legal punishment for different acts of infringing trade secrets.