Construction Of The Right Of Chinese Lawyers To Refuse To Witness

The right of the defense lawyer to refiuse testimony is an important part of the witness testimony system.Most countries and regions of both civil and common law systems have made clear the right of defense lawyers to refuse as an important rule of evidence and as a barrier to protect certain interests or relationships.The central reason for the existence of such rules was that States wished to balance other,more important,interests by keeping secrets.Compared with other countries or regions,the laws and regulations and judicial interpretations concerning the right of defense lawyers to refuse to testify remain to be supplemented.Human-oriented society is an important content of today's social development,the constitution will guarantee human rights formally established in the form of law,fundamentally for the development of our country's human rights cause escort,for our country's legal construction brick and brick.The consummation of the system of witness testimony requires the right of defense lawyer to refuse to testify.Although the criminal procedure law provides for the right of defense lawyer to keep secret,it is a great progress from duty to right compared with the law of lawyer.However,the right of defense attorney to keep secret is not equal to the right of defense attorney to refuse to testify.The author hopes to provide some help for the construction of the system through the study of the right of defense lawyers to refuse to testify.Human-oriented is an important content of today's social development.The constitution will guarantee the formal establishment of human rights in the form of law,fundamentally protect the development of human rights in our country and contribute to the construction of the rule of law.The perfection of witness testimony system requires the right of defense lawyer to refuse testimony,although the criminal procedure law stipulates that defense lawyer has the right to keep secret,compared with the law of attorney,it is a great progress from obligation to right.However,the privilege of defence counsel's confidentiality is not equal to the right of defence counsel's refusal.The author hopes to provide some help for the construction of the defense lawyer's right of disproving.This paper first analyzes the theoretical basis of the defense counsel's right to refuse to testify,sets out from the concept of defense counsel's right to refuse to testify,defines whether defense counsel's right to refuse to testify belongs to professional privilege,practice privilege,lawyer's right or client's right,and then distinguishes two concepts which have a cross-relation by comparing with lawyer's duty of confidentiality,and deepens the understanding of defense counsel's right to deny testimony.Furthermore,it expounds the inherent freedom,order value and the external value of procedural justice and entity justice.Secondly,based on the laws and regulations of the typical countries and regions of the common law system and the civil law system,we try to compare the similarities and differences between the two legal systems.This paper probes into the social environment of the establishment of this system from the necessity and difficulty of the introduction of the right of defense counsel in our country,and analyzes the necessity,difficulty and feasibility of constructing the right of defense counsel in detail.From the necessity and difficulty of the introduction of the right of defense counsel in our country,this paper probes into the social environment of the establishment of this system.Finally,the author thinks about the concrete content of the defense lawyer's right to refuse to testify,such as what is the subject of the defense lawyer,how to define the object,what is the scope of the period,what is the exception of the application of the defense lawyer's right to refuse to testify,and what supporting measures are used to assist the establishment of defense lawyer's right to refuse testimony.