Secondly, according to Article 33 of China's Lawyers Law and Article 9 of the Code of Professional Ethics and Discipline for Lawyers, lawyers should keep the state secrets and the business secrets of the parties they know in their practice activities and must not disclose the privacy of the parties. This shows that lawyers have the obligation to keep professional secrets, which is an important aspect of lawyer's immunity system. Finally, in criminal proceedings, a witness refers to a litigation participant who knows the case except the parties and testifies to the public security and judicial organs. If a lawyer knows the real situation of the case before accepting the entrustment, he should first become an exclusive witness and have the obligation to testify, then he can no longer accept the entrustment of the parties, because the witness is irreplaceable. In this case, the lawyer's immunity certainly does not apply.
Although the lawyer's immunity to testify is reflected, it is not complete, mainly in the following aspects. First of all, although the law stipulates the obligation of lawyers to keep professional secrets, it does not clearly stipulate that the corresponding lawyers are exempt from testifying. This violates the consistency of rights and obligations. Secondly, in the witness system, the law does not clearly stipulate the right of witnesses to refuse to testify, including the lawyer's immunity. Third, there is no clear provision exempting lawyers from covering up their crimes when they refuse to provide professional secrets. Finally, although it is admitted in judicial practice that lawyers can't be witnesses in the same case at the same time, there is no regulation on whether professional secrets known by lawyers can be used as witnesses in different cases.
In view of this, the following suggestions are put forward to construct the lawyer immunity system in China. 1. Amend the relevant provisions of the witness system in China, and clearly stipulate the privilege of witnesses, including lawyers, to refuse to testify. ⑥ Paragraph 1 of Article 48 of the Criminal Procedure Law stipulates: "Anyone who knows the circumstances of a case has the obligation to testify." After that, one sentence should be added, "except those who enjoy immunity from testimony according to law." Similarly, the Civil Procedure Law should be amended accordingly. (2) Amend the relevant provisions on the crime of harboring in China, and clearly stipulate that when the relevant person exercises the immunity to testify, the judicial organ cannot hold him responsible for the crime of harboring. (Article 3 1 1 of China's criminal law stipulates the crime of sheltering. In the provisions of this crime, the difference between exercising immunity to testify and harboring behavior should be clearly defined, and it should not be treated as a crime. 3. Clearly define the scope and restrictions of professional secrets. 4. The lawyer's immunity from testifying is a right and an obligation, and the legal liability for violating this obligation should be stipulated. 5. Amend the Criminal Procedure Law and relevant regulations to clarify that lawyers have the right to ask other third parties not to be present or not to be inspected when meeting or communicating with detainees.
To sum up, it is very urgent and meaningful to establish a perfect lawyer's immunity system in China. It is a long way to go to construct the lawyer's immunity system in China, so it is necessary to make the lawyer's immunity system an indispensable part of our legal system. This is an inevitable requirement for modern civilization and legal system to pursue the spirit of fairness. Fundamentally protect lawyers, so that they have no worries, so that the development path of China lawyers is no longer full of thorns and traps, and truly realize the fairness and justice advocated by law.