Rational Control for Custody: the Completion of Custody's Essence Condition

Criminal Procedure Law in operation regards Custody's as a natural state after detention and arrest must cause the abuse of custody.According to the requirement of the doctrine of the presumption of innocence,pending custody should regard as an exception of abnormal state.So,it can be controlled by reason through completing the Custody's essence condition in order to reduce the custody use.This article proposes stripping out custody from detention and arrest,based on the arrest condition in operation to determine strictly the Custody's essence condition.It also suggests to improve the Custody's standard of proof properly,complete the condition of doubtful crime,and make legal restriction essential to the condition ofserious crime.And it is the key to reduce custody that is to define clearly theessential condition.