Defense Lawyers Professional Secrecy Problem

The right of the criminal counsel for the defense to refuse to give evidence is called the attorney-client privilege or the lawyer's privilege .The attorney-client privilege for secrecy has become a basic principle to be followed concerning the relationship between the attorney and the person charged in a criminal suit in most countries which did not exist in our country. In our country, the Criminal Procedure Law and Lawyers' Law in force have no provision on the "attorney-client privilege". With the rapid development of lawyers' defense in criminal cases, it is an urgent need that the lawyer's right to refuse to give evidence in cases is ensured so that the defendant's legal right, the healthy development of lawyer's profession, the lawyer's system and the litigation system are guaranteed. All the above-mentioned are the starting point and home to return to of the graduation thesis.The dissertation is made up of six components including the introduction and concluding remarks. In the foreword, the paper quotes two foreign criminal precedents and a Chinese instance of film, in the basis of analyzing the tremendous difference of handling way and the conception between them, the paper stands for the necessity of the regulation of refusing to give evidence for the criminal counsel for the defense.In order to ensure the good construction and operation of the rules of the criminal counsel for the defense to refuse to testify, a proper social position and a proper judiciary position to lawyers are necessary. So in the part of the orientation of the attorney's role, the paper deems that in view of the low role in society and litigation, we should enhance the role of lawyers. Because at present lawyers in china are scorned or even ignored which cannot meet the requirement of the development. The quality of the lawyer has three different points of view: the national worker, the social worker and3the freeman. The paper believes that the freeman is concrete fairly; in the same time it is the most important part of the litigation orientation.What is the quality of the attorney-client privilege? It is still a dispute .The paper holds that it is both a kind of client's right and an essential part of the lawyer's right. In the same time it is both a right and an obligation to the lawyer, but it is a special kind of right. Tough the existence of privilege perhaps hampering the judicial factuality and justice, it should exist.On the basis of quoting the rated rules of attorney-client privilege of western countries and international convention, analyzing the difference between two different law systems and the disadvantages and conflicts among the concerning laws of China, the paper points out the practical and far-reaching significance of establishing the client-attorney privilege and puts forward the concrete and specific suggestions of the component of privilege. In the same time, several relevant rules and complement institutions consistent with the specific situation in our country are proposed in order to put the privilege into effect smoothly.In view of the paper, the privilege is made up of the privilege of refusing to testify, the privilege of conversation and communication by letter and the privilege of refusing to detain or search randomly. In order to carry out the privilege smoothly, the Criminal Procedure Law and the Criminal Evidence Law and the Penal Code should form complete set.The social position of lawyer class is enhanced to the nowadays position have gone through an extensive process, so the problem of refusing to testify for the criminal attorney which involving many aspect, perhaps requires a longer time. But in the end, the foreground of the rule of privilege is bright.