Theory Of Custody Rights Of Control

Custody, also known as "pending custody", "pretrial detention", is the country to ensure the normal conduct of criminal lawsuit activity, before effective court judge, a long time to deprive the criminal suspect or defendant of personal freedom. Custody as one of the most stringent compulsory measure, is based on the constitution and laws, to national force as the guarantee, authorized specialized organs and personnel based on main content of the specific implementation of behavior, is the embodiment of the state power and judicial power. In our country, the criminal procedure law provisions of the five compulsory measures. Custody is not belong to the five kinds of a kind of compulsory measures, but the criminal detention and arrest brought about by the continuing restrictions and deprived of the freedom of the criminal suspect or defendant state and result of course.Because our country a guarantor pending trial or residential surveillance such detention alternative system is imperfect, "constitutive sin as trap", "the high rate of custody", "and" become the practice of judicial practice. In a short period of time, these practices in the nation’s crime, safeguard the effective execution of national criminal judicial power provides the convenience. But in custody as a kind of compulsory measures, is not a necessary procedure of criminal lawsuit, only purpose is to realize the necessity of means. Custody measures applicable generalization of personal liberty and other rights of suspects and defendants, the damage to the judicial authority and judicial credibility weaken and waste of the country’s judicial resources shortcomings are obvious.In this paper, in the perspective of procuratorial organs, the judicial practice of some county in yunnan province people’s procuratorate, theoretical basis, discuss the custody rights to control analysis of right of control of custody in our country, the demonstration of the control to strengthen the right of approval of arrest detention, arrest necessity to review the necessity and feasibility of and put forward specific ideas.