Abstract:Based on current judicial power optimization,this paper studies and discusses establishment of Chinese Magistrate Court.Magistrate Court is a judicial organ of British-American genealogy of law.The powers of a magistrate court are the necessary powers which should be given to a judicial organ besides the power of trial.In China,however,such powers are given to the police and the procuratorial organ impertinently.China's present judicial power allocation has a series of structural problems which are difficult to be solved.In order to optimize judicial structure of China,the author advocates establishing Chinese Magistrate Court to retake the power which the court should have after introducing foreign experience.Then,the author designs a series of new and feasible methods to solve the specific problems mentioned from the power which Chinese Magistrate Court should have to how to establish a magistrate court in China and the concretely working procedure of a magistrate court.