When a judge convicts the crime and measures the penalty to a prisoner, he needs consider something. That is called circumstance in measurement of penalty. According to the circumstances in measurement of penalty, the judge can aggravate and relieve the punishment of the prisoner. In measuring penalty, the circumstances play an important role in practice and theory of measurement of penalty. The term of imprisonment and the name of punishment are up to this. So, the problems of circumstances must be studied in the theory of measurement penalty. It is true that the study on the Criminal Code of the People`s Republic of China has not almost been done in Korea. In this point, I want to introduce the system of the measurement of penalty of the Criminal Code of the People`s Republic of China, especially the circumstance in measurement penalty. So, the object of this study is circumstance in measurement penalty of the People`s Republic of China. The contents of this research are as follows; 1. Introductions 2. About the `circumstance` of the Criminal Code of the People`s Republic of China 3. The kind of circumstance in measurement of penalty of the Criminal Code of the People`s Republic of China 4. The special character of circumstance in measurement of penalty of the Criminal Code of the People`s Republic of China 5. Conclusions