On the Optimization of Criminal Judicial Power:In the View of Typology of Power Operation

The criminal judiciary may be defined two ideal types:the type of power exercising and the type of power restraining,according to power operation.The type of power exercising emphasizes on the centralization,cooperation,and without restriction of power,and criminal procedure as a tool.The type of power restraining emphasizes on the separation,balance and restriction of power,and the substance of criminal procedure.The operation of power in our country mostly is the type of power exercising.We should perfect the operation of criminal judicial power in order to realize the type of power restraining.