On the Power Factors and Combination of the Power and Right of the Criminal Procedure ——New Theoretical Angle of Amending the Criminal Procedure Law

The power is a kind of forcing power and arranging power used by special subject who takes the charge of managing the society and other people in the legal terms of reference, is a kind of ability that one party control some resource which is needed by other party in order to confirm and change personal relation, property relation and other arranging relation. In the criminal procedure law, power factors and right factors are intertwined, mainly are investigating power, power of public prosecution, adjudicative power, supervising power as well as the procedure right and substantive right of the litigant. The right and power above also has the property and nature of the common sense. We should build a double-direction integration and multiple levels power supervising system and rebuilt the restricting relation of the power and right put them into a procedure system in order to clear the special function and value of then, as well as to realize restricting the power and safeguarding the right.