Abstract: With the principle of“no charge,no trail”,the indictment is bounding on the judge's power to change prosecutorial count.But the judge has more power to renew the count because of his neutral identity and entire hearing.Due to the principle that the judge's ruling power is bigger than prosecutor's charging power and due to the principle that the prosecutorial effect can not be divided,the judge has the right to change the count on the base of same criminal facts.The change should abide the principle of prosecutorial effect and use changing procedure.