律师保密义务和追诉时效制度的经济分析: 挑战中外法学界主流理论

This paper provides an economical study on the rationality of confidential obligation of attorney and prescription of prosecution. Through behavior analysis centered on cost-income for the parties involved, this paper discovers the confidential obligation of attorney and prescription of prosecution can not realize the maxim of judicial proceeds in a low level of private cost and social cost outcome, which is to say, these two rules result in the low efficiency of the judicial resource allocation.