新律师法视野下辩护律师保密制度的完善

The Improvement of the Confidentiality System of the Defense Lawyers under the View of the New Lawyers' Law

辩护律师的保密制度是现代刑事对抗式诉讼制度的关键要素之一,其包括保密义务和职业特权两大方面。该制度的缺失可能让辩护制度流于形式,刑事辩护目的形同虚设,甚至使律师背离其辩护职能,而成为国家追诉被告人的工具。从新律师法修改的内容出发,以国际视野看待我国辩护律师的保密制度,阐述新律师法对辩护律师职业特权的扩张及差距,进而结合我国实际进行法律梳理和理性分析,对辩护律师的保密制度在我国的完善提出设想。

The confidentiality system of the defense lawyer is one of the critical factors of the modern Criminal Adversary System, which includes confidentiality obligations and profession privileges. The absence of this system may make the defense system become a mere formality, the purpose of criminal defense exist in name only and what＇s more, make the lawyer deviate from his function of defense and become a tool for the state to prosecute the defendants. This thesis, starting from the revised content of the new lawyers＇ law, looks on the confidentiality system of the defense lawyer under an international view, elaborates the new lawyers＇ lawns expansion and the disparity to the defense lawyer＇s profession privileges and will further comb and rationally analyze them combining the legal practice in China and putting forward some opinions on the improvement of confidentiality system of the defense lawyers.