徒刑中自由内容与结构初探——从中国囚犯劳动报酬获取权利之实际状态切入

徒刑到底剥夺或限制着罪犯哪些自由目前并不清楚。以囚犯劳动报酬获取权利之实践来论述徒刑中被依法剥夺的自由类型和结构，就是一种很好的尝试。刑法除了规定囚犯必须参加劳动外，并未提及劳动报酬获取权，但规定只要罪犯劳动表现和贡献符合法定标准，就可获得减刑、假释，以劳动成果换取自由是一项制度实践；但此做法目前实际上还只专用于少数人而不普遍适用于一般服刑者，这表明从学理上揭示徒刑被剥夺的自由类型与结构有重大的实践意义。

Preliminary Inquisition into the Content and Structure of Freedom Deprived of Prisoners-By the Actual State of Chinese Prisoner's Right to Obtain Payment for Labor During Laogai

That prison includes which kind of freedom is deprived of the prisoners is not known. It is a very good attempt to inquire into the content and structure of the prisoner＇s freedom deprived of by law through the practice of Chinese prisoner＇s right to obtain payment for labor during laogai. The Criminal Code provides the prisoners who have the ability to work obligation of labor, but no mention of the right to obtain payment for labor. The law explicitly describes that the prisoners can attain commutation and release on parole by the performance and contribution to the work as long as they meet the statutory criteria. Labor, in exchange for freedom, is an institutional practice in Chi- na ; but it actually prejudices in favor of a small number of prisoners serving sentences, not apply in general, which reveals the great practical significance that researches the content and structure and type of the prison＇s freedom from an academic angle.