What is this dispute s essence? How to eliminate misunderstanding and coordinate with the difference? How to grasp the essence of the Individual Penalty Theory and make our choice in criminal law? This paper will put Individual Penalty Theory into form justice and real justice, legislative power and judicial power, and the costs and benefits framework and fo.

the independence of jurisdiction is a premise of the equity of jurisdiction.

The historical and present analysis on the study of judicial power;

In the process of long-term struggle and practice of leading the proletariat revolution of Russia and the construct of socialism legal system of the Soviet, Lenin s thought of the judicial power had been gradually formed and developed.

Judicial power couldn t fix its place in the system of power distribution and lost its independence,also there are manly contradictions in the system of judicial power distribution,so judicial power often deflected from its track.