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随着互联网时代的到来,微博、博客、微信等社交软件日益兴起,为言论自由提供更大平台的同时,也造成了许多不利的影响。许多刑事辩护律师借助这些自媒体,肆意公开当事人信息,披露案情,不仅违反了律师所应承担的保密义务,损害了当事人的合法利益,也在一定程度上造成了舆论审判,损害了司法公正。原有的相关法律对于保密义务规定较为抽象和原则,尤其是在互联网大时代下如何规范辩护律师的保密义务成为一大漏洞,亟需法律作出新的规定及解释以规范辩护律师的保密义务,保障当事人的权利。
With the advent of the Internet era, social software such as Weibo, blogs and WeChat has been on the rise, providing a larger platform for freedom of speech and at the same time, has caused many adverse effects. Many criminal defense lawyers use these self-media to arbitrarily disclose party information and disclose their merits. This not only violates the confidentiality obligations that lawyers should bear, undermines the legitimate interests of litigants, but also to a certain extent creates public judgment and undermines judicial justice. The original relevant laws have more abstraction and principle on the obligation of confidentiality. In particular, how to standardize the defense obligations of defense lawyers in the era of Internet has become a big loophole. It is imperative for the law to make new provisions and explanations so as to regulate the defense obligations of defense lawyers. Protect the rights of the parties.