律师职业免证权浅论

On Lawyers' Professional Privilege

由于现行法律没有明确规定律师职业免证权,使得律师在执业活动中面临很大风险,律师经常面临在遵守职业道德、保守当事人秘密与配合司法机关调查的两难困境中艰难抉择。为了让律师真正充分地履行职责,真正实现法庭上控辩双方的平等对抗,立法上有必要明确规定律师职业免证权,以彻底解决律师在执业活动中的后顾之忧。

As China＇s current laws have not clearly granted lawyers professional privilege, lawyers have to face great risk in their practice of law. They are often trapped in this dilemma： either choosing to abide by professional ethics and keep- ing confidential their clients＇ information, or cooperating with the judicial organs in the investigation. In order to facilitate law- yers to perform their duties fully and authentically, and realize the equal confrontation between the accused and the defended in the court, it is necessary to grant lawyers professional privilege legislatively and eliminate practicing lawyers＇ worries.