On Lawyer’s Privilege Of Witness Exemption

In the continental law system and Anglo American law system as a typical representative of the country, have the lawyer witness system as an important rule of evidence to clearly defined, and to develop the relevant scheme, lawyers are entitled to refuse to license the rights in criminal procedure. The main provisions of objective of this system is in order to better protect the specific relations and interests, the core of this rule exists for hope of social use of secret to promote and balance the interest relationship is more important, in the United Kingdom for example, They in the litigation mode link, in order to make the party and lawyer for free communication and exchange, and to ensure the protection of legal information, and provide legal advice related to the information, Britain provides specific rules lawyers the right to refuse to license. In other countries, they also have the legal right of refusing to make provisions. In the design of system of our country for lawyers the right to refuse to testify the related legal laws and judicial interpretation should be further improved, this will also help China to further proof system. The article studies on the system of lawyer’s privilege and systematically states some theories and studies in other countries.Question the whole content based on the law of privilege, issues related to judicial interpretation of article forty-sixth through a combination of "Criminal Procedure Law" to modify the law of privilege, referring to foreign legislation and practice to discuss and analysis; next to the main representative countries of two legal system as the basis for comparative study, the privileges and obligations of lawyers the right to refuse to license the nature and make the rules of; Again, introduced our country there is no clear provisions on the right of refusing to testify system, the legal consequences which may lead to, analysis of the research into the benefits of privilege, further to the imperfect theory of this system into consideration and discussion.In today’s society in the all-round development of people oriented is the core of the, in our country to promote the rule of law, design in the evidence system aspect should strictly be in legal practice, At the same time, also want to consider how to embody the concept of people-oriented, in order to guarantee the rights and obligations of lawyers refused to permit the right to perform, the real law has the special status of people able to effectively play the role of social value, so as to provide a solid guarantee.