On The Restriction Of The Power Of Custody

Although the power of custody has great significance during the criminal procedure, it also has the characters of expansion and dulity of the ordinary power, and is much possible to infringe the legal rights and interests of citizens .The power of custody also shows its contradiction in its function of protecting human rights. The irrationality of operating the power of ' custody makes it more necessary to perfect the restricting mechanism of the power of custody. To set up an ideal restricting mechanism, the first step is to well dispose the power , which means to divide it into the power of request , the power of deciding , the power of implementing, the power of locking up , and so on. These powers must be carried out by different subjects in order to restrict the powers mutually other . The practical meausure at present in China is to combine the system of checking of detection with that of restricting of judicature , and establish the system that seperates detecting from locking up; The second step is to restrict public security organs, procuratorial organs and judical organs, and guarantee actually the rights in law of those who are locked up. The last step is to control the procedure of power of custody by setting up a scientific system of time limit.