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On The Law Of Evidence In Britain Of A Legal Professional Privilege System

Posted on:2005-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
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Evidence is the core in a lawsuit and all the facts prove on the basis of evidence. The litigation activities are all concerned with the collection and application of evidence. Generally speaking, many countries' legislation stipulated that any person who knows the fact of the case in question should provide testimony, so that the court can certify the case. However, if a lawyer is informed of some secrets of his client, which will injure interest of the public, how he should do? If he discloses the private information, he will violate his own professional morality and do some harm to the trust relationship between him and his client. And what's more, such disclosure will prevent client from consulting his lawyer and finally injuring the whole justice. Considering such situation, there are some exceptions in the British evidence law, in which legal profession privilege is one of the important rule. Under this rule, the client has right to refuse disclosure and prohibit his lawyer and other third party to disclosing his confidential communication. This thesis discussed legal profession privilege in detail in British evidence precedents and stipulation. It touches on the background of the rule; it's definition, contents, limitation and other situation. Contrasting with the civil law, I analyze situations and legislations in our country, in order to provide proposition to our legislation and finally promote civil proceeding reform.
Keywords/Search Tags:Evidence, Privilege, Legal profession privilege, Testimony immunity
PDF Full Text Request
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