Research On The Lawyer's Obligation Of Confidentiality In China

2019 is the fortieth anniversary of the restoration of China's lawyer system.For forty years,the lawyer industry has made outstanding contributions to the construction of democracy and rule of law and social and economic development in China.But in recent years,many controversial cases have sparked heated discussions on how lawyers can keep their duty of confidentiality.The original intention of constructing a lawyer's confidentiality system is that lawyers use their own legal expertise to effectively protect the client's legitimate rights and interests,and live up to the client's reasonable trust.This is an important prerequisite to ensure that clients and lawyers can communicate fully and frankly.In the current judicial practice,the status quo of the implementation of lawyers' confidentiality obligations is not optimistic.Some lawyers,in pursuit of economic benefits or illegal purposes,do not hesitate to take actions contrary to confidentiality obligations,which seriously damage the good reputation of the lawyers professsion.Therefore,the professional community of lawyers urgently needs to improve and strictly abide by the confidentiality obligations of lawyers,promote the legalization of lawyers' professional groups,and then promote the sustainable development of China's judicial system.The research on the theory of lawyer's confidentiality obligation has been in the field of law scholars' view,and the existing research results still lack the research and analysis from the root cause and systematization.In view of this,this paper takes the related issues in theory and judicial practice as the starting point,analyzes the defense lawyer's confidentiality obligation,and provides reasonable suggestions for perfecting the confidentiality obligation of our lawyers.This article consists of six parts.In addition to the introduction and conclusion,the other four chapters are as follows:The first part is an overview of lawyer confidentiality obligations.First of all,through the in-depth analysis of the provisions of the lawyer's confidentiality obligation in the provisions of the Law on lawyers and the Code of practice of lawyers,the legal basis and professional norms of the lawyer's confidentiality obligation are clarified.Secondly,comparedwith the establishment of professional secret norms such as police and doctor profession,the basic contents,exceptions and legal consequences of violating lawyer's duty of confidentiality are explained comprehensively.Finally,the significance of the lawyer's obligation to keep secret is explained from the angle of safeguarding the legal rights and interests of the client.The second part about the present situation and the question of duty of confidentiality of lawyers in China.From the legal and trade association to outline the present situation of duty of confidentiality,from the conflict of lawyer's duty to testify,from the conflict of moral dilemma's duty to keep secret.Finally,from the current situation of lawyer's confidentiality obligation,this paper points out the problems of lawyer's confidentiality obligation in China:the content of lawyer's confidentiality obligation is not clear,the exception of lawyer's confidentiality obligation is not perfect,the lawyer's right to refuse to testify is missing,the role of lawyer's association is limited,and the procedural guarantee is lacking.The third part is about the stipulation and the reference of the duty of extraterritorial lawyer's secrecy.By analyzing the provisions of the confidentiality obligations of civil law lawyers represented by the United States and the United Kingdom,Germany and Japan,we can learn from the system of lawyer-principal privilege,lawyer-third party privilege,perfect the lawyer's right to refuse to testify,standardize the search and seizure of lawyer's office space and so on.Finally they can provide guidance for improving the relevant provisions of the duty of confidentiality of lawyers in China.The fourth part are consummating some suggestion about duty of confidentiality of lawyers in our country.The social interests and the development of lawyers' profession,it is very necessary to set up the lawyer's confidentiality rules in China scientifically.We should carry on the consummation to our country lawyer secrecy duty from the following several aspects: clears lawyer secrecy duty system specific content,perfects the lawyer secrecy duty exception stipulation,establishes the lawyer refuses to testify the right,establishes the complete supporting mechanism.Finally,the author constructs a system of lawyer secrecy obligation with Chinese characteristics to serve the people's pursuit of a better life.