Abstract: When the offender has sentencing circumstances that can change the range of the penalty, whether a possible change in the statutory maximum penalty can affect the calculation of the limitation of prosecution has always been a controversial issue in China’s doctrine and practice. Holding the negative position, which is the major theory, will come to the conclusion that the reasonableness and legality are doubtful. The existing various affirmative theories, will unduly expand or limit the discretion of the judicial organs. The “affirmative theory of statutory limitations” should be advocated, i.e., an expanded interpretation of Article 61 of the Criminal Law based on the position of the theory of substantive interpretation. The conclusion of this interpretation is that only sentencing circumstances with inevitably variable sentencing range can affect the limitation of prosecution, conversely, sentencing circumstances without inevitably variable sentencing range can not affect the limitation of prosecution. This theory can reasonably establish the influence of sentencing circumstances on the limitation of prosecution, and can also realize effective constraints on judicial discretion.