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律师为了竭尽所能地维护当事人的合法权利,通常不可避免的会事无巨细的了解当事人的有关信息,因此为当事人保守秘密既是律师的权利和义务,又是律师职业道德的要求。有人认为律师有权对当事人的一切信息严格保密,有人认为律师对当事人的犯罪行为应负检举揭发义务,本文以新《刑事诉讼法》第四十六条为视角,尝试分析我国刑事诉讼中对律师保密义务的立法导向。
In order to defend the litigant’s legitimate rights and interests, the lawyer usually can not know the relevant information of the parties. Therefore, it is both the lawyer’s rights and obligations and the lawyer’s professional ethics to keep the secret for the parties. Some people think that lawyers have the right to keep all the information confidential. Some people think that lawyers should bear the responsibility of exposing and disclosing crimes to the parties. In this paper, from the perspective of Article 46 of the new Criminal Procedure Law, Legislative Orientation of Lawyer ’s Confidentiality Obligation.