The purpose of this paper is to clarify the position of Fu-zuo and Chixing in the penal system of the Han Dynasty. Generally, Fu-zuo is considered as a slight punishment, and Chi-xing is considered as prisoners whose punishments are commuted because of their aristocratic rank. But I conclude that Fu-zuo and Chi-xing are the names of punishment which is commuted to the lower by the amnesty.
After the change of the labour penal system in Wen-Ti _??__??_in 167 BC, when an amnesty was granted, the prisoners being condemned to death were commutated to the labour penalty, and the prisoners being imposed a labour penalty were cut down their term of imprisonment. Such prisoners were called Fu-zuo or Chi-xing. A lot of them were commanderred to the outlying region of North and used as soldiers and farmers till the maturity of their term. But after maturity, they could enter in the family register with their families at the front prefecture.
Besides, when an amnesty was granted, some Chi-xing were transfered to the studio in a capital that was called Zuo-xiao _??__??_. They were cut down their term and at work there.
In the Han's penal system, punishments were divided into two groups. One group consisted of death punishment and labour punishment. These two punishments were the main of penal system. And another group consisted of Chi-xing. It was, so to speak, to reserve labour and colony. So in case of need, it was extracted from regular prisoners by an amnesty.
