Abstract: In accordance with existing legal provisions, judges can mitigate or exempt penalty beyond the statutory circumstances. However, the only choice for judges is to declare guilty of acts that meet the conditions of crime, regardless of the minor or seriousness of the circumstances. Decriminalization is the extreme of leniency in the criminal policy of Combining Leniency with severity, and it should also be an important content of judges' discretion. Decriminalization of justice requires the joint efforts of the People's Court and the People's Procuratorate, and the initiative of judicial determines that the judges should have the right of decriminalization, excluding the accused who need not be convicted from the conviction judgment. We can learn from Italy's suspension of judgment, allow judges to review the necessity of conviction while determining the crime, and regard the trial stage as the final position of decriminalization discretion.