What about private detectives in china?
China’s private detective industry’s biggest feature is “mysterious”, this actually has little to do with the professional image, but because they are not recognized by Chinese law. China’s accession to the WTO, in accordance with the requirements of the World Trademark Intellectual Property Organization, China’s State Administration for Industry and Commerce in October 2002, the “detective company” in the new “goods and services trademark registration in the table”, allowing the registration of “detective company” trademark. But can be registered, does not mean that allows the company can be established and operated. As the country did not clearly change the relevant policy, private detective is still “illegal”, private detective company will be “consulting company”, “investigation company” in the form of existence. In China, “private detective” want to avoid legal risks is not easy. In order to avoid being hit by government departments, detective companies are secretive about their business, naturally appear very mysterious.
Chinese people on the demand for private detectives are categorized into four categories:
- 1, the investigation of marital problems, due to extramarital affairs and other phenomena such as the increase in the marital relationship of one party to obtain the other party “infidelity” evidence of the demand;
- 2, in the debt dispute, the creditor has to know the whereabouts of the debtor, so that the debtor timely repayment of debt demand;
- 3, in commercial activities, there is a need to know the participants’ business reputation, negotiation bottom line and ability to pay;
- 4, in criminal cases, the parties wish to obtain more evidence for the defense or prosecution.
2002-2012 is a private detective in China’s rapid development of the decade, in the absence of government regulation, China’s detective industry is very chaotic, the scale of China’s private detective companies, the largest is in 2008, the domestic civil investigation companies of various nature and size of about 2,500 to 3,000, more than 200,000 professional investigators, plus part-time and temporary staff employed, practitioners Nearly 300,000 people. Visible social demand for the private detective industry.
Before 2009, the detective industry’s most prominent problem.
First, personal privacy information by small companies to grab a single to sell at extremely low prices resulting in personal privacy leakage is quite widespread;
Second, private detectives often include debt collection and debt collection business, involving black debt collection, debt collection violence abounds, and even lead to the debtor jumped to his death;
Third, some people use the information provided by private detectives to carry out criminal activities triggered by many hidden social problems and so on.
After 2009, the Ministry of Public Security jointly with other state departments engaged in private detective companies across the country to focus on a strong crackdown, at least more than seventy percent of practitioners from the choice of a change of profession, but the market for private investigators have a demand for private investigation, private investigation industry still exists.
China’s accession to the WTO, frequent international trade and economic activities, and now some large foreign multinational groups in the Chinese market, many of the issues related to the company’s key interests will seek the assistance of private detective agencies (in fact, foreign investigative agencies such as intellectual property rights in the field of Pinkerton and other companies have entered the Chinese market), there are many matters of professionalism is very strong, and is not suitable for government agencies and law firms and other general Legal institutions such as government agencies and law firms to operate, can we allow foreign detectives and security agencies to come to China to investigate and collect evidence or provide security consulting services, while China itself does not have the existence of this industry? Commercial logic to solve social problems is the advantage of private detectives. In a society governed by the rule of law, the legal process to solve the problem is undoubtedly the people’s first choice to resolve disputes, but there are unavoidable drawbacks: the program is relatively more complex, costly, and may not be able to achieve results. Private detective if you can provide more powerful evidence and facts, not only can provide services to the parties involved, to protect the legitimate interests of citizens, but also to a large extent to reduce the pressure of the public prosecutors and law enforcement agencies. This is why many Western countries have a complete legal system, the private detective industry can not be completely replaced, and even sometimes the government has to resort to this industry. More importantly, private detectives and government behavior is different, the government for the citizens to serve is not charged, and private detectives are commercial logic in dealing with social issues, so in a way, private detectives may have a stronger willingness to serve, have a better work efficiency. From the perspective of market competition, the rise of private detectives may also incentivize the government to provide better services to the public. Some scholars believe that if private detectives can get a benign social evaluation, it also means that we, as members of society, are also an important social management force. This is a sign of social progress.