Expert: private detective is a double-edged sword

影片教學專區Private detective, is a term frequently mentioned by the media recently, Beijing, Shanghai and other cities are called “private detective” has been active in the streets and lanes of these cities. There is even an online list of “private detective” offices in various cities for those “in need” to contact. Li private detective quietly into the home in order to understand the “private detective” in our country exactly to what extent, the reporter logged on the website as “C007” “China detective network”. China detective created China’s first professional civil investigation legal service website, with 200,000 visitors per day. The website aims to prevent crime and fight corruption. To protect the rights and interests of the parties “. According to the website, it can conduct civil investigation, marital infidelity investigation, fight rights investigation, anti-corruption investigation and whereabouts investigation, sexual assault protection and so on. “According to the principle of compensation for misdeeds under the marriage law, accept the entrustment of the parties, investigate evidence of marital infidelity and uphold monogamy,” it said in its introduction. According to the service, “dereliction of duty and bribery investigations” can be carried out. And “whereabouts investigation” means “assisting creditors to find the missing enterprise, find creditors, assist the court to execute, trace the transfer of property” and so on. A Beijing media outlet revealed that detectives named ‘investigation center’ and others were Posting ads in some places to solicit business. And party “detective” have engaged in candid camera and other equipment, investigation盈幣寶-​Q&A問題 “er nai” is its most expert drama, even can be candid camera probe placed in the room, recording some absolute personal “secret”. In 1993, the Ministry of Public Security issued a notice prohibiting the establishment of “private detective agencies”, which said that it was forbidden for any unit or individual to establish various forms of private detective agencies, such as civil affairs research institutes and security investigation institutes. The prohibited “business” includes accepting civil and economic disputes, recovering debts, technical advice on security precautions, and investigations involving personal privacy. However, a decree has not stopped the rapid development of private investigators in many cities, and many legal experts are still debating the issue, with some challenging the ministry’s notice. S experts and scholars are experts said publicly that private investigators in China have a demand of the market, due to the limitation of some ability of the judiciary, and cannot be completely, timely rectify illegal ACTS, the market economy order, corporate reputation has fallen before the reality of private detective investigation, has become a social need. Secondly, with the rapid development of economy, traditional ethics and morals are challenged unprecedentedly. The phenomenon of “third party” and “keeping mistress” cannot be ignored when revising the marriage law. The investigation of marital faults and personal privacy also has a huge potential market. In addition, private detectives’ commercial involvement in the rule of law and order of the society can be a supplement to the government’s social management functions. The two are mu盈幣寶-價差合約分倉技巧tually integrated and bring out the best in each other. Zhou jiannian, a doctoral student at renmin university of China’s law school, has a completely different understanding. He said that in the 18th and 19th centuries, when private detective was popular in Britain and the United States, people did not have a clear understanding of the government’s duties. They thought that private detective’s “private relief” could be a supplement to the state’s “public relief”. Since the 20th century, the people of the country’s function has had a profound understanding changes, countries on governance crime, safeguard judicial has played a more and more important role, the country’s management is more and more perfect, “private relief” less and less popular among the government, “detective hunter”, “007” on behalf of the national indictment, attention and praise, the private detective shows a tendency of shrinking, even to the continental law system countries have penetration, but also did not form the climate. In this general trend, the promotion of private detective in China is undoubtedly a repeat of the mistakes of western countries and a social regression. Private investigators do more harm than good, or good than harm, is a focus of the current debate. The supporters say, who will prove the fault principle and compensation principle stipulated by our civil law? The parties are often the vulnerable groups who are hurt. The national public prosecution and investigation organs will not intervene in such investigation and provide evidence. Only private detectives can complete such investigation. In addition, even in criminal crimes, if the public prosecution orga盈幣寶-價差合約操作思路n has not investigated and investigated the facts, whether private detectives can perfect them to achieve the role of punishing crimes, the investigation power should also be a “dual-track system”. Opponents believe that China is deeply influenced by the civil law system, and has always emphasized that the right of investigation is serious, authoritative and compulsory, and a kind of power belonging to the state and the public. Once abused, it will invade the privacy of individuals and even endanger public security. At present, some crimes committed by some black and evil forces in our country have been reported constantly. Once the black and evil forces take advantage of this broad power of investigation, they will fight against social justice under the cloak of legality. Many experts say private investigators can be a double-edged sword. When used properly, they can defend their rights and add investigative evidence. Use not good, can endanger individual privacy and the security of the country, enterprise. At present, China’s industrial and commercial organs have not approved the license of a private detective office, at present some private detectives are mostly under the banner of “investigation center”, “information consulting”, playing edge ball things, this kind of thing can play how long, will be banned completely, still unknown. At present, the interpretation of litigation evidence in China’s “criminal procedure law” does not include private investigation, that is to say, investigation to collect evidence is still a public power stipulated by the state. It seems that there are still many legal and practical problems for private detectives to d盈幣寶-新手價差合約心態evelop in China.


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