This article attempts to transcend several current methods adopted by both-sides scholars in the field of "HanFeiZi". In the light of contemporary penology dealing with the functions and purposes of penalty, this article consisted of three main sections reviews and criticizes how has been the doctrine of "to abolish the penalty by penalty" , a far-reaching political conception in HanFeiZi , exerting the glamor of discipline and the phantom of autocracy.