论辩护律师保密特权制度及其完善

为解决刑事诉讼中律师承担的保密义务与真实义务之间的冲突问题,西方国家普遍确立了系统的律师保密特权制度.但在我国,由于传统的道德、职责、制度的局限,使得这一制度的立法理念尚不够明确、法律的现行规定也不够完善.因此,必须结合司法工作的实践,同时借鉴国外经验,改革和完善我国的辩护律师保密特权制度.

Research on the Secret-Keeping Privilege System of the Counsels and Its Perfection

In order to solve the conflict between the obligation of secret-keeping and verity which the counsels takes on,the western countries have generally founded the systematic secret-keeping system of the counsels. But in China,restricted by traditional morality,responsibility and systems,the legislative ideas of this system aren't still clear,and the existing provisions are not so perfect.So,we must reform and perfect the secret-keeping system of the counsels in China according to the judicial practice and overseas experience.