The Moral Dilemma Of The Secret-keeping Obligation Of Lawyers And The Way Out

This occupation law is our country after the founding of new China to some occupation, time of its development is relatively short, but in the litigation, the obligation of confidentiality lawyer is a very controversial issue in the judicial practice of our country, although this problem is relatively small, but it can reflect the moral and social problems in society, based on a classic case of the United States of America about lawyers confidentiality issues of moral conflict, analysis of the implementation of the legal obligation of confidentiality. In1973, the United States of America named Susan Potts girl missing suddenly when camping. The suspects arrested murdered Potts told lawyers, lawyers for the suspect to conceal the fact. The conduct of lawyers by people accused, and thus affect their life. This case illustrates the moral dilemma of implementing confidentiality obligations of lawyers, become one of the classic case of the lawyer’s duty of secrecy.People pay special attention to the two acts of lawyers, around their behavior is appropriate and whether illegal launched a discussion. Aiming at the problem of the lawyer in secret, media, the public, the court of first instance, the court of appeal, lawyers association all have their own views. Ordinary people may think, defense lawyer while representing the interests of the parties, but also should consider the social public interest, when major clashes between the two should choose to maintain social welfare. But the lawyer as an occupation is ethics itself. How to carry out in between these different moral choice is a worthy of our concern.The paper starts with the concept of confidentiality obligations of lawyers, to domestic and international scope were compared, and an analysis of the present law obligation of confidentiality dilemma from four aspects, and explains the solution to the problem. The first part:the overview of basic problems of confidentiality obligations of lawyers. Confidentiality obligations of lawyers and lawyers scope of confidentiality on in the first part of the definition, compare the similarities and differences between Chinese and foreign lawyers confidentiality obligation range.The second part:the moral dilemma of lawyers obligation of confidentiality. Dilemma and occupation moral conflict with general social ethics four aspects separately from the respect of privacy dilemma, the obligation conflict predicament, utility evaluation.The third part:the way of improving our lawyer’s duty of confidentiality. In this part, put forward perfect secrecy system, enhance the lawyer lawyer occupation morals and improve the obligation of confidentiality laws to solve our country lawyer confidentiality problems exist in reality.