For the public's awakening of human rights, the court's power of custody is taken seriously. Custody is the strongest hand. How to prevent custody from been misusing and jeopardizing human rights is an important assignment of judicial reform. The question now arises from the substantial conditions of the discretion of custody, discusses the possibility of cautious custody through the concerning decisions in the Taiwan Development and Trust Corporation case. The paper suggests to refrain custody on the legal grounds of preventing offenders from escaping, and securing evidences. The paper suggests to abolish the legal ground of the serious offensive crime too. Moreover the paper suggests to deploy special investigation judge for reviewing prosecutor's power in order to strengthen the court's function of supervision and assistance to prosecutor.