The optimal allocation of judicial power has always been a focus of attention of researchers of legal theory and practice，both in China and abroad. However，researchers seem to focus more attention on the division of labor，cooperation and check and balance between judicial powers than on civil rights，especially on the balance between rights of the accused and judicial power. This article explores the allocation of judicial power from the perspective of emphasizing the principle of equality between the prosecution and the defense and the protection of the rights of the accused in the criminal proceedings.