Abstract: there exists different understanding about application of paragraph 2 of article of 63 in the penal code in criminal theory of and judicial practice. The judgment on theft of XU Ting was largely paid attention to,from which the special circumstances of the case can be studied. The special circumstances of the case include national interests and special case condition. Direct change of sentence during the approval of the Supreme People’s Court,and not establishment in the review procedure should be nature means of this provision. Reduction of the punishment can be either relief of penalty kind,or the reduction of the variety of punishment cells,but cannot be exempt from punishment