The Han Dynasty has generally been praised for applying Confucianism to its reign. The Han Shu.Shing Fa Zhi however has disclosed some different points of view. In this paper, an attempt has been made to discuss Ban Gu’s criticism on the infliction of penalty, and how he tried to improve both of the penalty and bureaucratic policy. Furthermore, on the basis of the fundamental claim of penalty and his criticism on, this paper also discusses the concept of penalty and gives a new definition, for at that time, penalty was being more emphasized than the Confucian rites and music.