Abstract: A harmonious society is a society in which people and people, people and society , as well as people and nature can co-exist in harmony. Penalty is a n ecessity in establishing a society of harmony. Undoubtedly, crimes do great dama ge to the harmonious relations in society, therefore, penalty, as a means of pun ishment for crimes, shall function as the last means to maintain the harmonious relations in society. The structure of the Chinese criminal law focuses on death penalty and deprival of freedom, which is considered as severe penalty. In orde r to remodel such structure of penalty in our country, our priority would be the reconstruction of our ideas on penalty.