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On Lawyer testify the rights of special exemption regime

Author: LvTianSheng
Tutor: ZhengXu
School: China University of Political Science
Course: Procedural Law
Keywords: Counsel Immunity from Giving Testimony Utilitarianism Privacy Justifiable Analysis Secrecy Exception
CLC: D926.5
Type: Master's thesis
Year: 2011
Downloads: 57
Quote: 0
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Abstract


\Instead of letting the family members of the suspects to give evidence, provide some probative force of testimony, not as removed from their testimony obligation to protect the relationship between the suspects and their families. With the passage of history, social development, the rule of law also step by step forward and trust in the trade-off between the lawyer and client relations and national pursuit of the truth of the facts of the case between the purpose of justice, the lawyer testified Exemption Right right reflecting the state of the relationship of trust between lawyer and client, prefer to the costs of crime can not be punitive, exchange between lawyer and client trust each other and accessibility to exchange. It is difficult to imagine what bit free right system to better prevent the real discovery of the case, the lawyer Immunity from Giving Testimony to the National Public Prosecution Service had to \Free right to protect not only the defendant, it is more important to let the client can trust lawyers, all lawyers frank, in exchange for the lawyer professional legal services to achieve the client against self-incrimination and the right to access to legal assistance and the Constitution. Special exemption in the introduction of the right system to testify this article by lawyers of the common law system, summarized the history of the introduction of special exemption rights system, Immunity from Giving Testimony to define, while analysis of the counsel to give evidence of special exemption the theoretical basis of the right system for lawyers, by examine different theories and questioned the voice, a detailed analysis of the counsel to give evidence and the legitimacy of the rights of special exemption regime. Then refer to the case of the common law and classic treatises Immunity from Giving Testimony system of comprehensive exposition of the lawyers from the subject, object, waiver of rights and exceptions to analyze my lawyer to testify special exemption rights system defects, discusses the perfect lawyer to testify the need for a special exemption rights system proposed lawyer to testify suggestions for improvement of the rights of special exemption regime in China. The first chapter of the special exemption right system for a simple introduction to generalize for the Anglo-American lawyer testified the legislative background of the special exemption rights system and the legislative process, while by contrast the results of the work of lawyers, lawyers' professional immunity and lawyers ethics concept and content, determined lawyers testified Exemption Right. The second chapter introduces support for the the lawyers testify special exemption in the right system, are two important theories - utilitarian theory and Privacy theoretical, while absorbing the lawyer to testify a special exemption right system questioned perspective, refining the analysis lawyer Immunity from Giving Testimony The legitimacy of the system. Chapter reference to the case of the common law countries and monographs, from lawyers to testify special exemption rights system subject, object, waiver of rights and exceptions lawyer Immunity from Giving Testimony to conduct a comprehensive introduction to and exposition, trying to give a standard the lawyer to testify to the rights of special exemption regime. The fourth chapter analyzes the current Chinese law lawyer confidentiality obligations, argumentation perfect counsel to give evidence and the need for special exemption rights system, introduced the perfect lawyer to testify special exemption obstacles to the right system, the perfect lawyer to testify the rights of special exemption regime recommendations. The final conclusion: our only require a lawyer confidentiality obligations lawyer testified to constantly improve the rights of special exemption regime. Combined with China's national conditions and the actual training Chinese lawyers testified Privilege exists cultural soil must establish a supporting system in order to establish a sound lawyer testified rights of special exemption regime.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Lawyer system
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