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新律师法在律师保守职业秘密规定上既有明显进步,又存在一定缺失。其进步的方面为:将不愿泄露的情况和信息规定为职业秘密保守的范围,将秘密所属主体从委托人扩展到其他人,废除了“隐瞒事实、隐瞒证据”的规定。其缺失表现为:律师保守职业秘密单纯强调义务的价值倾向没有发生变化,对律师保密例外范围界定模糊。鉴于新律师法的缺失,有必要建立权利义务相统一的律师保守职业秘密规则。
The new lawyers law in the provisions of the law on the protection of professional secrets both marked progress, but also there is a certain lack. The progress is as follows: the unwilling disclosure of information and information is stipulated as a conservative scope of professional secrets, and the subject of secrets is extended from the principal to other people, abolishing the “concealment of facts and concealing evidence” provisions. The defects are as follows: the value tendency of the lawyer’s conservative professional secret simply emphasizing the obligation has not changed, and the range of the lawyer’s confidential exception has been vaguely defined. In view of the absence of the new lawyers’ law, it is necessary to establish a conservative lawyer’s code of professional secrets with a unified rights and obligations.