From the Type of Power Exercising to the Type of Power Restraining——redefining the criminal procedure structure

The type of power exercising and the type of power restraining are the two sorts of criminal procedure structure. The former pays attention to the state's ability to control society and maintain the order, while the latter focuses on the restraining the legality of the state's exercising its powers, and emphasizing the guarantee of individual right of freedom. Whether the enactment and amendment of a criminal procedure law is to shape a structure of power exercising or a structure of power restraining needs to be controlled in general. To restrain a state's powers does not mean to remove the state's powers, but to guarantee the due exercise of the state powers. After making comparison between the two, it is better to choose the structure of restraining powers. In general, the structure of the criminal procedure in China is subject to the structure of power exercising. In the process of improving the legal system of the criminal procedure, the structure shall switch to the structure of power restraining.