Penal discretion circumstance is one of the major issues of penalty system in the criminal law.A probe of the issue in depth first of all,invites a close investigation of the basis for its existence,which may be done at the three levels of jurist theory,legislation and penalty.In the jurist law,the value of the law includes justice and humanity.As penal discretion circumstances can influence the measure of punishment,which is to deprive of or limit the citizens' freedom and property,so we must follow strict...