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在法律规定的特殊情况下,律师享有法律上规定的免除其作证义务的权利。这些规定既体现了一国法治的进步和完善,也体现着一个国家以人为本的法治观念。本文就试图从律师保密制度的界定,设置理由和关于我国证据法设置律师保密制度的思考三个方面进行论述。
In special cases provided for by law, lawyers have the legal right to waive their obligation to testify. These provisions reflect the progress and perfection of the rule of law in a country as well as the notion of a people-oriented rule of law in a country. This article attempts to discuss from three aspects: the definition of the lawyer’s confidential system, the reason of setting the law and the thinking about setting the lawyer’s confidential system in China’s law of evidence.