To Reveal The Essence Of Penalty Of Tu In Chinese Criminal Law

The penalty of TU is the core of criminal penalty system in our country, and it is the most widely used one. However, we often have two misunderstandings about the understanding of the prison penalty. First, the modern penalty of TU is simply equated with ancient TU; second, the Chinese modern penalty of TU is simply equivalent to foreign imprisonment. In fact, the modern TU is different from the ancient TU,penalty of China TU is different from foreign imprisonment. In view of this, this article start from the meaning of "TU", combed and analyzed the development of the ancient TU in different periods in ancient China, and compared the TU penalty of Chinese with the foreign similar punishment. After the analysis about the present situation of China’s prison execution, the author has studied the basic properties of our country’s modern penalty of TU.The article includes introduction, text and epilogue, and the main text consists of three chapters:Introduction outlines the question, the significance and purpose of the research,the related literature review, the main research methods, the article structure, the innovation and the insufficiency of this paper.The text is divided into three chapters:Chapter one, In this paper, we studied the change of ancient TU and the execution place in different historical stages, it is concluded that although modern prison inherited the ancient "TU" in name, the content and nature of imprisonment is not set in stone. As the change of social environment, modern TU is different from theancient TU. The original meaning of “TU” is to work, and the evolution of penalty of TU is always closely related with labor. Although the ancient TU also limits personal freedom, there is no punishment mainly to deprive freedom, and there is no modern prison to deprive ones freedom ether, before the penal system reform in the late Qing dynasty. As a result, before the penal system reform in the late Qing dynasty, the ancient TU is a penalty for labor. The modern penalty of TU is different from the ancient TU.Chapter two, the article made a comparative analysis for the foreign penal system and the articles of foreign law about imprisonment, penalty for labor and the penalty similar to the Chinese modern penalty of TU. Although the names of the same penalty are different, foreign imprisonment generally simply refers to the penalty of deprivation of freedom. Meanwhile, there is also a kind of penalty, similar to the Chinese modern penalty of TU, treat the labor as basic property, like the penalty of the North Korea. Not only that, the penalty, which ask the prisoner to work without pay,is widespread in many countries. The modern labor punishment is different from the ancient hard labor, and it doesn’t mean inhumanity or backward of the penalty theory.Chapter three, through the analysis of the labor penal system in imprisonment of China and the trend throughout the world, we can conclude that Chinese penalty of TU is different from the similar concept in the past. Now it represents our humanitarian spirit and is the reasonable means of education; generally, the labor penal system will be set up throughout the world. The labor penal system is not a step back, and it should be further developed. The essence of Chinese penalty of TU,which is within the concept of labor penal system, should be affirmed.Conclusion of the full text has carried on the summary; this article claims that the Chinese modern penalty of TU should not be simply equated with the ancient TU, and the Chinese modern penalty of TU should not be simply equated with foreign imprisonment. We should recognize the importance of the forced labor in penalty of TU.