Study On Confidentiality Obligation Of Lawyers In China

A lawyer must keep his client’s secrets or he will not be able to tell the lawyer all the facts he needs to represent him.The duty of confidentiality is an important duty for lawyers to perform their duties normally.Moral condemnation of the misuse of secrecy by lawyers is everywhere.To re-examine the boundary of lawyer’s confidentiality obligation is the premise of perfecting the institutionalization of lawyer’s confidentiality obligation and promoting the realization of lawyer’s confidentiality obligation.The whole thesis mainly discusses from four parts:The first part carries on the historical investigation to the domestic and foreign lawyer confidentiality obligation.This part briefly introduces the subject,object,period and exception of lawyer’s confidentiality obligation.The second part is the justification of lawyer’s duty of confidentiality.This part points out that the value basis of the modern lawyer’s duty of confidentiality is to protect the client’s right to diligent counsel on the basis of personal dignity and the privilege of immunity from self-incrimination.The principle of no liability has a logical fault when discussing the legitimacy of lawyer’s confidential behavior.The elements of "mechanism" and "role behavior" need to be introduced to form the four steps of full reasoning.Only by increasing the independent evaluation of the full degree of the rationality of the lawyer’s confidential behavior,and then measuring it with the common morality,can we complete the full reasoning of the justification of the lawyer’s confidential behavior.The third part distinguishes between the duty of loyalty,the duty of truth and the duty of confidentiality.The confidentiality obligation of the lawyer must be exercised within the scope of the duty of loyalty,and the use of client information,including limited disclosure,must be determined in the client’s interest.At the same time,in the process of litigation,lawyers assume a passive true obligation,shall not make false statements on the relevant facts and submit to the court evidence knowingly forged,shall not actively deceive and deceive the judicial organs,misleading the court.The scope of the obligation of confidentiality is more limited in the lawyer’s agency activities in the non-criminal litigation field.The fourth part,on the basis of learning from and absorbing the experience of other countries and regions,gives a comprehensive consideration to the improvement of the confidentiality obligation of lawyers in China.It is suggested that on the basis of the obligation of confidentiality,the exemption clause should be added,the emphasis of lawyers on professional ethics should be raised,and the noble professional ethics of lawyers should be established.