辩护律师保密义务对保障当事人诉讼权利至关重要,新《律师法》确立了律师保密义务但并未上升到律师免证特权进行设计。现行法律关于律师保密义务的规定存在包括主体不清、范围不明、保护时间过短及例外规定不完善等诸多缺陷。立法应该在立足现实的基础上实现从保密义务向免证特权的重心转变,从而设立完整的律师免证特权。 Defense of confidentiality obligations of lawyers to protect litigant litigation rights is crucial, the new “Lawyers Law” established a lawyer’s duty of confidentiality but did not rise to the exclusive right of lawyers to design. The current law contains many defects such as unclear subjects, unknown scope, short protection time and imperfect exceptions. Legislation should change from the duty of confidentiality to the focus of duty-free privilege on the basis of reality so as to establish a complete lawyer’s privilege.