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Interpretation Of Attorney-client Privilege

Posted on:2007-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:H M GeFull Text:PDF
Abstract/Summary:PDF Full Text Request
The Attorney-client Privilege is endowed on the basis of Stipulation of legislation available in every country. Its principle originates from an old legislative adage," attorney is powerless to serve as the testifier in the case." with the purpose of restricting the power of state institution and enabling the attorney to provide good service for clients. The right of immunity from giving testimony is the right for the attorney to refuse to give testimony to the secrecy he know in the course of his business in criminal or civil actions. Enduing the attorneys with the right of immunity from giving testimony will still lead to such problems that it may result in some factual crimes escaping from punishment. But it is quite even to endue the attorneys with such right whether to see from the attorney's obligation, position or from the value of protecting human rights of the criminal procedure. In China, the attorney has the duty of maintaining secrecy, but enjoys no attorney-client privilege. which obstructs the development of Bar in China and does no good to client. The thesis consists of preface,text and concluding remarks. The text is divided into six chapters: the concept of Attorney-client Privilege, jurisprudential Interpretation of Legal Profession, the exploration in instructing of the system of Attorney-client Privilege and so on.
Keywords/Search Tags:Attorney, Attorney-client Privilege, Duty of Maintaining Secrecy, Right of Immunity from Giving Testimony
PDF Full Text Request
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