律师的拒绝作证权探索

Abstracts of Major Papers in This Issue Main ContentsAn Approach to Lawyers' Right of Refusing to Give Evidence

律师的拒绝作证权作为现代法治国家的一项重要证据制度,在世界上的大多数国家中都已得到确立,而在我国的法律中却没有明确规定。介绍各国法律对律师拒绝作证权制度的不同规定,对在我国确立律师拒绝作证权制度的必要性进行深入探讨,并就如何建构我国的律师拒绝作证权制度提出大胆设想,具有重大的现实意义和理论价值。

right of refusing to give evidence has become one of the important evidence systems of modem lawful society, which has been set up in most countries of the world, but has no definite stipulation in the laws of our country. An introduction is made to different countries' stipulations on lawyers' right of refusing to give evidence. A deep exploration has been made to the necessity of the establishment of the system concerning lawyers' right of refusing to give evidence. An ingenious idea has been advanced as regards how to construct the system of lawyers' right of refusing to give evidence. The ideas advanced here are of great realistic significance and theoretical value.