"cautious Punishment" Theory

The cautious penalty, as the important factor of Chinese tradition law, is the key content in the Chinese law system, also a meaningful cultural heritage at the same time. In traditional views, the definition of cautious penalty is for lighter penalty or beneficent penalty. This understanding in not changed gradually with the deep research in traditional law. However, it has taken fixable pattern in thinking. This article gives the textual research of"caution"and the new definition of cautious penalty. Then the writer explains that the not all the lighter penalty is available, also not all the weighted penalty is to be criticized. In a word, the cautious penalty should include the penalty that could coincide the cautious penalty with harmony of traditional society.