Abstract: The aggravated punishment and the heavier punishment in the People's Republic of China has gone through a zigzag course. We continued the legistation of the aggravated punishment in the primary stage of new China, and began to es tablish the heavier punishment. We abolished the aggravated punishment in 1979 c riminal code, and resumed it in a special criminal law after a short time , and abolished it again in 1997criminal code, so, only the heavier punishment was pre served. The mitigated punishment as a law system should be regulated positively. We must prescribe the aggravated punishment again.