Research On The Lawyer Confidentiality System In China

Lawyer confidentiality system refers to the lawyer who in the course of business access to the client's personal privacy,trade secrets,and state secrets and other information shall not make public.And lawyer also have the right to refuse the information to provide to the judiciary which they get in the course of their business.The system was first identified from the British jurist John H.Wigmore.He think it belongs to lawyer's honor.After that,many scholars have put forward"privacy" and "utilitarian"and other points of view,Which Bentham"utilitarian"by more people respected.The view is that the confidentiality of lawyers from the trust of the parties to the interests of the parties,lawyers and clients to ensure the full and frank exchanges,so that clients get better legal services.The lawyer's loyalty to the client prevented him from being a witness against his client.Therefore,lawyer confidentiality system emphasizes that lawyers need to strictly keep professional secrets and have the right to refuse to testify when confronted with the conflict between the real obligation and the conservative professional secret.Lawyers in the practice of activities different from ordinary citizens in accordance with the requirements of their professional ethics strictly conservative professional secrets.In addition to practicing lawyers,the subject should also include the relevant auxiliary person.Confidential content includes personal privacy,trade secrets and state secrets and other information,and lawyers in the case of cases obtained in the case of information,which has a certain degree of expansion.It includes not only the information exchanged between the lawyer and the client,but also the secret and information that the lawyer and the third party communicate with.Violation of the lawyer confidentiality system will be subject to administrative,civil,criminal penalties.The secret privilege of the lawyer will not exist if the information relates to the fact that the secret that is being or will be seriously endangering the personal safety of others and endangering the national security interests,or that the lawyer's practice is aware of the protection of innocent people,minors and pregnant women.The positioning of lawyers in our country has undergone a transition from the initial national legal practitioners to social legal workers.Leading the community to the lawyer's position is not clear enough,not too nationalized,is too commercial.Many people think that lawyers bear the public security law similar to the real responsibility to find the responsibility of the parties can not be fully protected.In addition,China's lawyer confidentiality system structure,there is the main source of confidentiality is not clear,confidentiality exception is not complete,confidential content is too broad,some provisions of the fuzzy,there is no specific infringement of professional secrets and other issues.Plus the existing leaks do not open the case of information on the lack of relevant judicial interpretation of the crime,the scope of the public is not clear.The existing lawyer confidentiality system lacks the specific guidance to the lawyer in practice,the bad system runs badly,and the lawyer assumes certain practice risk.Therefore,we can improve the content of the lawyer's confidentiality system,divide the content of the confidentiality,increase the lawyer's refusal to give evidence and special criminal charges,establish the corresponding guarantee procedure,establish the level of punishment mechanism,distribute the role of the lawyers association and construct of team communication and flow mechanism between lawyers and police,courts and inquisitor.It will help to improve the practice environment of lawyers,protect the legal rights of lawyers and play an important role in the construction of socialist rule of law.