Study On Rules For Barrister's Privilege For Secrecy In Criminal Justice

Barrister's privilege for secrecy could be one of the most important rules, and it is also one of the rules which have the least arguments. Most of the oversea countries and the UN's documents established this privilege whereas it has not been entirely set up in China. To the effective performance of barrister's right to defense, this rule is a complicated issue which also indicates the severe and lasting conflicts between the social public moral, public interests and personal interests, it is also a hot topic in Chinese criminal justice area. The Lawyers Law of P.R. China which was reviewed and passed on Oct. 28 2007 did not deal with the deep embedded issues of barrister's privilege for secrecy. By analyzing the defects and its causes of the current regulations for Chinese barrister's privilege for secrecy through a comprehensive study of the definition of the nature of the barrister's privilege for secrecy, theoretical basis and value, and a study on other countries'regulations for the privilege, this article put forward some legal thoughts with regard to the improvement of barrister's privilege for secrecy in China.