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律师保守职业秘密是否应当在我国立法中有所体现?这是我国目前讨论十分热烈的问题之一,我们对待该义务的态度应当立足于其合理性分析和实证分析,而不是人云亦云、言必及外国。因此,要解决这个问题,就应当对律师保守职业秘密的含义、目的、国际立法现状及其限度等问题有基本的了解,同时结合我国目前的法治状况和社会状况加以分析,才能得出合理的结论。基于此,本文试图以此为思路对以上问题进行论证,以期能够获得较为合理、客观的认识。
Whether the lawyer’s professional secrets should be reflected in the legislation of our country? This is one of the most heated discussions in our country. Our attitude toward this obligation should be based on its rationality analysis and empirical analysis, not just as the saying goes Foreign. Therefore, in order to solve this problem, we should have a basic understanding of the meanings and purposes of lawyers’ keeping professional secrets, the status quo and the limits of international legislation, and at the same time, analyze the present state of law in our country and the social conditions so as to draw a reasonable in conclusion. Based on this, this article attempts to use this as a way to demonstrate the above issues, in order to obtain a more reasonable and objective understanding.