The article will revelate that the economical theory on crime and punishment will be a successful example to applying the economy-analyzing method to the non-market field.

Being an important subject with both theoretical and practical significance, the principle of heavier punishment has always been attached with great attention in the field of criminal jurisprudence.

Also in the field of criminal law norms, due to the general terms of criminal law, the provisions relative to determine punishment, the existence of criminal discretion is inevitable.