律师拒证权的法哲学分析-诉讼法学专业毕业论文.docxVIP

II II Absrtact The Attorney’s Right of immunity from giving testimony came from the ancient Roman law saying：“A lawer shall not become the witness in the case that he serves”.This right is referred to as “Attorney—client privilege”in the common law and become one of the most important component in the privilege rules.This privilege means that lawer has the right of refusing to give his client’s secret which he gets in his service to the court,the legislation purpose of this privilege is to protect the client’s intrest.In the criminal procedure,lawer bears the obligation to maintaining secrecy based on the professional ethics and the obligation to the truth based on the need of justice.There is conflict between the two obligations and will bring some risks for lawer’s profession.this privilege can right solve the problem,it protect the healthy development of lawer’s profession on the basis of the client’s intrest. The Attorney’s Right of immunity from giving testimony has been recognized by many countries.In most developed states ruled by law,legislation or precedent stipulate in details about the conditions、procedure and restricts of this privilege.But in china,as the result of the adherence to the inquisitonal system,the demand of fighting against crime and finding truth have been occupying a dominant position.legislation has not recognized this privilege.In 2007,the new Attorney’s Law came birth,which made an important step on the issue of this privilege,but it can still not change the overall status of the legislative missing. This text is divided into three chapters:The theory of ontology, The theory of value ,The theory of practice,From analyzing the nature and the basic value of this privilege、comparing the legislation practice between china and foreign countries in addition to using some basic economic principals,auther wants to reveal the importance of setting up this privilege. Key words: Attorney’s Right of immunity from giving testimony; The theo