Theory Of Defense Lawyer Security Privileges

Defense attorney privilege is a hot topic of criminal justice reform, litigation isadversarial mode prosecution and the defense balance requirements, relating to theprosecution of human rights are separate lawsuit protection and the legal profession. Attorneyprivilege from birth is the beginning of a contradiction, is to find the true value of diversityand the protection of human rights lawyers’ professional ethics and social ethics in generalbalanced choice. View of this, from the theoretical value of conflict and judicial practice asthe starting point for the defense attorney privilege discuss issues related to unfold in order toimprove the legislation, there is help in the criminal justice.In addition to the full text of the introduction and conclusion, is divided into five parts,about20,000words.The first part of the privilege of defense lawyers made a brief introduction. Referringfirst to the circumstances and the common law and civil law attorney privilege on differentdefinitions, drawing drawn herein lawyer privilege meaning that in criminal proceedings,lawyers for the provision of professional legal services in the client’s informed informationconfidentiality obligations and rights are not liable leaked. Secondly, the nature of the defenseattorney privilege analyzed, defense lawyers pointed out that the privilege has the dualproperty rights and obligations, the defense counsel and the right to confidentiality of internalconfidentiality obligations owed to the external enjoyed interacting together constitute acomplete privilege systems. Once again, the defense attorney privilege and immunities of thelegal profession, lawyers refused to permit the right, similar to the concept of attorney workproduct privilege, and so do the horizontal comparison, highlighting its reliance interest inprotecting clients against third parties and to protect the rights of lawyers practicing a uniquevalue.The second part is the defense attorney privilege theoretical basis and value choices. Thissection briefly describes the theoretical basis for the privilege of "honor","the utility said,""Human Nature","privacy" to "the trust said," the gradual evolution, stating that "the trustsaid," based on the protection of the client’s trust interests and become a lawyer privilege ofmodern mainstream. On this basis, focuses on the theoretical basis of the value behind theevolution of the conflict and choice, on the one hand from the trust to protect the interests of the defense positions and responsibilities, and the purpose of the three dimensions of theCriminal Lawyers analysis derived lawyer confidentiality obligations take precedence overreal obligations, on the other hand because defense lawyers discussed the requirements ofprofessional ethics on the issue of confidentiality must exclude the general social and moralinterference.The third part introduces defense attorney privilege Comparative Law Perspective. InWestern countries, the defense counsel privilege has long been recognized and acknowledged,and to be provided and improved through legislation. This part of the international humanrights documents and some countries and regions concerned counsel privilege of legislation asa reference, by comparing the induction, found that countries have convergence in terms ofthe main defense lawyer privilege, object, interval, exceptions and safeguard measures secretcommunication and information, that practicing lawyers and lawyers involved in the work ofthe human body to assist in providing legal services performed consistently requestedconfidentiality, and the provisions of the crime to prove innocence, maintaining their rightslawyer exception. And by defense counsel refused to permit the right to limit the search andseizure rights to refuse the protection of the privilege of supporting the setting effectiveexercise.The fourth part is the sound of the necessity defense attorney privilege investigation.First expounded China’s current defense counsel main problem privilege exists. Select twotypical cases, the focus of the analysis due to the absence of defense counsel privilege causeof lawyers’ professional risk is high, the plight of attorney rights can not be guaranteed. Thenthrough the interpretation of the new "Code of Criminal Procedure" in the attorney privilegerequired to investigate shortcomings of the existing legislation relating to defense attorneyprivilege Regulation: obligatory norms competing seriously privilege intervals span a range ofexceptions and safeguards set not clear from these aspects in order to improve the defenseattorney privilege. Again, from the prosecution and defense balance, human rights protection,and implementing safeguards against self-incrimination and the need for an independent legalprofession to improve our four defense lawyers the privilege to start on.The fifth part of the defense counsel raised the basic concept of privilege. This part is thekey contents of the full text. Article that should be considered of local resources andcircumstances, to take the essence of extraterritorial legislation fusion absorbed graduallyimprove attorney privilege system. The first is to improve defense attorney privilege of relevant legislation, namely from the body, range, range three clear defense attorney privilegespecific content, the solution is clear of conflicts of law provisions violate attorney privilegesanctions measures set supporting rules and improve exceptions. Second is to improvelawyers’ professional ethics, emphasizing self-regulation by professional ethics lawyerstrengthen education, the practice of lawyers constraints to ensure that defense counsel’sproper exercise of the privilege. Finally, defense attorney privilege is to create legalenvironment, noted the need to strengthen the rule of law, promotion, new ideas of the massesand judicial staff, as defense attorney privilege "soft landing" to create a favorable externalenvironment.