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市场经济的健康有序运行，需要刑法的有力规范。对于破坏市场竞争秩序的不正当竞争行为，现行法律只对“销售伪劣商品”及“商业贿赂”规定应追究刑事责任。基于此，本文作者从分析刑法对不正当竞争行为的调控范围入手，认为应把假冒商号、广告诈欺、侵犯商业秘密、商业诽谤、投标招标舞弊、妨碍商品流通、商业贿赂等行为纳入刑法调控范围，并对不正当竞争行为的刑事立法模式，以及罪名、法定刑的具体设置进行了论述。
The healthy and orderly operation of the market economy requires the vigorous regulation of criminal law. For the unfair competition that undermines the order of the market competition, the existing law should only be held criminally responsible for the “sale of fake and shoddy goods” and “commercial bribery” provisions. Based on this, the author starts with the analysis of the regulatory scope of unfair competition by criminal law. It is suggested that fraud, commercial fraud, commercial defamation, bidding fraud, obstructing the circulation of commodities and commercial bribery should be included in the regulation of criminal law Scope, and discusses the criminal legislation model of unfair competition, as well as the specific settings of guilty plea and legal sentence.