The problems lie in less exact definition of market malfunction, hard comparison of income and cost of act of government, and increase of difficulty for defining the function by external conditions.

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.