The penalty structure in this paper mainly refers to the disposition proportion between various punishments as well as the mutual connection.

The present penalty structure is led by death penalty and custodial sentence and obstructed the function of the criminal punishment.

The developing trend of penalties is the penalty reprieve on the world today.

And is the reprieve of penalty feasible in China? Viewed from China s economic basis social structure,social cultural and criminal policy foundation reality and penalties limited functions,as well as criminal and other theoretical understanding of inevitability,penalty reprieve in China is feasible.

The basic theories of the mitigation of punishment are its implication, value and theoretical basis.

However, our country is always affected by traditional idea of severe punishment, and the idea of mitigation of punishment is excluded by our people.

Hence, building up a new concept of penalty and advocating the meaning of the mitigation of punishment should be of the first importance.

The mitigation of punishment has its inevitability,and the most important realistic exhibitions of its inevitability are our criminal policy of combining punishment with leniency;and its academic bases are humanism,complementarity,finity of punishment;and it has the values of ensuring the human rights and protecting the society,altering the sinner,etc.