关键词: 古代监察制度, 新侦诉关系, 监督与制衡

Abstract: The Supervision Law has transferred the people's procuratorate忆s investigation power of duty crime cases to the supervisory commission, which changed the traditional investigation and prosecution relationship, and raised the problem of the connection between supervisory registration and lawyer's intervention system and prosecution during supervision and investigation. In this regard, the relationship between supervision and justice in ancient China can be used for reference, and the supervisory thought of simultaneously promoting supervision and restriction can be inherited and carried forward. The procedural restriction mechanism of supervision, investigation and prosecution can be set up. For cases suspected of duty-related crimes, two procedures of supervisory registration and criminal registration should be established as the threshold doctrines. In order to safeguard the right to defense of the investigated and give full play to the supervisory role of lawyers on the supervision procedure, lawyer's intervention should be allowed after the supervisory commission takes the measure of detention for the first time.

Key words: supervisory system in ancient China, new investigation and prosecution relationship, supervision and restriction