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基于职业的特殊性而享有特权,是特权产生及特权设置具有了合理性,这样的制度建立在一种深厚的传统文化、经济分工的背景之下。律师职业是现代社会中重要的职业类型,赋予律师职业特权对于律师行业的成长以及促进律师有效执业均有重要意义。从律师职业专业性、服务性、商业性、独立性、自律性的五大属性出发,律师职业特权也具有法律专业性、服务继受性、价值平衡性、权利独立性、规则限定性等特征。广义的律师职业特权泛指律师基于职业而获得的优先权或是特定的执业权利,狭义的律师职业特权则特指司法制度中的律师拒证特免权制度,从法学学科分析的角度,与证据法学可以找到最佳契合。
Privilege based on the particularity of occupation is the creation of privilege and the establishment of privilege with reasonableness. Such a system is based on a profound background of traditional culture and economic division of labor. Lawyer’s occupation is an important type of occupation in modern society. Employing lawyer’s professional privilege is of great significance to the growth of lawyer’s profession and the promotion of effective lawyer’s practice. Starting from the five major attributes of lawyer professionalism, service, commerciality, independence and self-discipline, the lawyer’s professional privilege also has the characteristics of legal professionalism, service inheritance, value balance, right independence and rule limitation. Broadly speaking, the occupational privilege of lawyers refers to the lawyer’s privilege based on occupation or a specific right to practice. In a narrow sense, the occupational privilege of lawyers refers to the system of lawyers’ denial of privilege and privilege in the judicial system. From the angle of jurisprudence analysis, Evidence law can find the best fit.