浅析律师保密义务与公共利益的冲突及解决途径

Analysis of the Conflict between Lawyers’Confidentiality Obligation and Public Interest and Its Solution

律师的保密义务作为律师职业道德中最为重要的一项职业伦理,是委托人与律师建立信任关系的基础。律师在执业的时候应当恪守保护委托人的秘密这一原则进行委托行为,然而在律师执业过程中,基于其职业特性将不可避免地面临职业伦理与大众道德认知的冲突。本文以律师的保密义务为切入点探求法律职业伦理所具有的独特性质以及当律师的保密义务与公共利益发生冲突的时候,律师应当严格遵守保密义务以及法律规定的例外情形,严格把握律师的保密义务与保护公共利益之间的平衡点。可在我国设立律师拒绝作证制度,完善律师保密权相关立法,最终促进公平正义在每一个案件之中的实现。

As one of the most important professional ethics in the professional ethics of lawyers,the confidentiality obligation of lawyers is the foundation of the trust relationship between clients and lawyers.Lawyers should abide by the principle of protecting clients’secrets when practicing.However,in the process of practicing lawyers,based on their professional characteristics,they will inevitably face the conflict between professional ethics and public moral cognition.This paper explores the unique nature of legal professional ethics with lawyers’confidentiality obligation as the starting point,and when lawyers’confidentiality obligation conflicts with public interests,lawyers should strictly adhere to their confidentiality obligations while also observing the exceptional cases stipulated by law.The article argues for maintaining a delicate balance between lawyers’confidentiality obligations and the protection of public interests.It suggests establishing a system in China that allows lawyers to refuse to testify,improving legislation related to lawyers’confidentiality rights,and ultimately promoting fairness and justice in every case.