On The Lawyer Testimony Immunity System

The lawyer profession has a dual identity attribute in our country,especially from the perspective of criminal proceedings,and the role of defense lawyers can best reflect the dual color of the profession.On the one hand,the duty of defense lawyers in our country is to protect the legitimate interests of the defendant to the greatest extent,and the defender has a duty to protect the defendant,in such a role,the lawyer should be loyal to his client,and carefully maintain the trust relationship between himself and the client,so as to be able to communicate and communicate efficiently and truthfully with his client;On the other hand,from the perspective of criminal proceedings,defenders are also one of the important roles in assisting the realization of judicial justice,and lawyers as legal personnel,assisting state organs in fighting crime,safeguarding social fairness and justice,and safeguarding the dignity and authority of the law are also their important duties.Therefore,in the environment of the prosecution and defense trial system,there is an inevitable conflict between these two roles of the lawyer profession,and in the process of striving to achieve a dynamic balance between these two conflicting interests,the lawyer’s testimony immunity system came into being.In China’s criminal procedure legal system,although the immunity of lawyers to testify is not perfect,and there are no supporting laws and systems as auxiliary guarantees for lawyers’ immunity from testimony,the content of Article 48 of China’s Criminal Procedure Law and Article 39 of the Lawyers’ Law is similar to the lawyers’ immunity system.With the progress and development of the times,China’s relevant institutional provisions on the rights of lawyers(especially criminal defense lawyers)reflect a slight deficiency.In order to make up for the lack of legislation,it is urgent to establish specific procedural rules to achieve the purpose of protecting lawyers’ human rights,alleviate the huge risks faced by lawyers in the process of practice through the protection of lawyers’ legitimate rights,encourage lawyers to actively safeguard the interests of clients,maintain loyal relationships with clients,and effectively confront public power,so as to achieve judicial fairness and justice.By examining the relevant legislative provisions of the foreign lawyers’ testimony immunity system,this paper studies its origin,basic theory,current legislative shortcomings in China and the necessity of establishing such a system,aiming to promote the further protection of the legitimate rights of lawyers in Chinese law,and then promote the development of the lawyer work force and the realization of judicial justice.