In the hope of realizing human rights protection and legal justice,law spirit is dis-cussed here as an efficient approach to criminal compensation.

The penalty system for minor crime in our country has a lot of disadvantages,involving and judicature,so it is urgent to establish and make the penalty system of minor crime perfect.

Beginning with different contexts about“minor crime”in China and foreign states and its definite connotation,this article holds that the“minor crime”in China defined by foreign scholars mostly refer to those acts regulated and controlled by current system of rehabilitation through labor.

The representative people are Shang Yang,Han Fei,and so on,the main prison law thought is "rule by law","no rank in penalty"," severe penalty on light crime ",and so on.

Improper arrest in minor criminal cases,the low rate of relative nolle prosequi,ignorance of criminal complaint against a court decision,lack of supervision of placing a case on file,and inefficient special protection of minor offender-all above are noticeable problems in the application of the policy of the venial penalty.

With comments and analysis of the operation and rationality of "speeding up the handling of minor offense cases" mechanism,this article points out the inherent shortage of the mechanism and related theoretical controversies.