What Is a Detective Investigation?

Private detectives refer to people who are engaged in civil and commercial affairs investigation services outside government agencies. The service content is mainly based on property investigation and evidence collection, national information investigation, personnel whereabouts investigation, online fraud investigation, and marriage investigation.

private detective

(People engaged in unofficial civil and commercial affairs investigation services)

There are about 3,700 private detective agencies in China, with more than 20,000 employees. Most private detectives are titled "

Surveys by survey companies are generally divided into

Taboo Rules on Private Detective Investigation Services

The public is always used to referring to civil investigation service agencies and personnel in the investigation industry as private detectives or private detectives.

Private detectives do not include those agencies that specialize in commercial investigation services. Therefore, an investigation company that truly engages in commercial investigation services is never willing to admit that it is a private detective. By the same token, those who engage in investigative services without a license

Due to the lack of legal restrictions in the industry, some investigating companies will inevitably appear to be untrustworthy or deceive their clients. The spontaneous establishment of the Chinese private detective network in the industry is one of the civil structures to resolve dishonesty, try to recover the losses for the clients and maintain the image of the industry .

Frenchman Eugene Francois Vidocq, the world's first private detective, lived in 19th-century France. He had a criminal record and was jailed for this; he is still a disguise Master, once dressed as a gentleman, and then dressed as a lady, followed behind the suspect, and then opened his hat and shouted: I am Vidocq! Vidocq was the pioneer in the world's earliest research on anti-crime technology (such as ballistics). His research was widely used by the FBI. At the same time, he helped the Paris police establish the first detective team to teach them secret surveillance techniques and Ballistic test technology. Detective novelist

1992,

In 1992, Shanghai established the first private investigation agency in China: "Shanghai Social Security Consulting and Investigation Office". A year later, the Ministry of Public Security issued a document stating that the establishment of a private investigative agency was banned, and the agency has since been cancelled.

On March 1, 1993, the private investigation agency: "Chengdu Cooperation Investigation Office" was born.

In 1993, China's first anti-commercial fraud investigation agency: Beijing Steerer Commercial Investigation Center was established.

On September 7, 1993, the Ministry of Public Security promulgated the "Notice on Prohibiting the Opening of Private Institutions of a Private Detective Agency" Nature, and it is strictly forbidden for any unit or individual to set up various forms of civil affairs investigation institutes and other private agencies of a private detective agency. "

In 1994, China's first intellectual property protection investigation institution: China United Intellectual Property Investigation Center was established.

On June 16, 2000, the first advanced academic seminar on civil investigation initiated by a private investigation agency was held in Beijing.

On March 16, 2001, the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" were promulgated and came into effect on April 1, 2002. The latest rules of evidence in civil lawsuits allow privately recorded audio and video recordings to be presented evidence.

In August 2002, in accordance with the requirements of the World Trademark Intellectual Property Professional Organization-the Nice Union, the Trademark Office of the State Administration for Industry and Commerce included "detective companies" in the new "Division of Goods and Services Trademark Registration", allowing registration of "detective companies" "trademark.

On December 7, 2002, the "2002 China Business Information Survey Industry Seminar" was held in Chongqing.

In November 2002, the Yinzhou Court of Sichuan Province pioneered and awarded the "Private Detective and Lao Lai". "Detective companies" properly intervened in public investigations of public power to make up for the lack of public power, which is conducive to the positive approval of the people's court.

In February 2004, CCTV2 Economics and Law reported on Chinese private detectives, and private detectives gradually surfaced. Video: Approaching Private Detective 1; Approaching Private Detective 2; Private Detective 3 Where are Chinese private detectives heading? .

On December 16, 2010, China's first column of "Private Detectives Obtained Illegal Personal Information" was sentenced. After that, the detective industry is no longer a gray area but has entered a "black area".

In the past fifteen years, private detectives have appeared in China one after another and have shown a rapid development trend. The concept of private detectives has been deeply rooted in the hearts of the people. The existence of the "detective company" phenomenon has become a social problem in China today, although there is no clear legislation in China so far, indicating the legal or illegal status of the detective industry in China.

But anyone who is concerned about reality and the future has seen the practice of detective industry in our country still prevail.

Industry insiders generally have high voices, demanding that the state introduce corresponding laws and regulations as soon as possible to make the detective industry "justifiable." Many industry association meetings organized by the private sector have attempted to appeal to and arouse the attention and attention of senior officials in this way. Its mainstream view is that despite its many disadvantages in the development process, it is still an indispensable reality of Chinese society.

China should no longer exclude private detectives, but should clarify the legal status of private detectives, formulate relevant legal norms, and establish corresponding management mechanisms to enable our private detective industry to embark on a legal, formal, and rational path as soon as possible.

The legal issues arising from the development and growth of private detectives in our country are explained in detail here, and the legislation of the entire detective company is prospected.

The legal issues involved in China's private detective industry legislation can be summarized as follows: first, the admissibility of civil evidence obtained in litigation; second, because its behavior is "private relief", it is easy to infringe on the legitimate rights and interests of others. How to regulate; third, how to conduct industry management and personnel training; fourth, whether private investigators can be involved in criminal investigations of criminal cases.

The author believes that the biggest judicial obstacle is whether private investigators can intervene in the investigation of criminal cases. Private investigators' involvement in the criminal field will cause a reorganization of the investigative system, which is clearly an illegal act under the existing criminal procedure legal system. Therefore, at the current stage, private investigators' right to investigate in the criminal field can be ruled out and only private investigators should be given a civil investigative right. However, in accordance with the development laws of foreign judicial systems in recent decades, in order to overcome the natural deficiencies in the collection of defense evidence by the investigation and control agencies under the monorail investigation system, many civil law countries have paid great attention to giving the defense Certain investigation and evidence collection rights have led to a trend of moving from a single-track investigation system to a dual-track investigation system. Judicial practice also proves that although the laws of various countries require that state organs exercising their powers of investigation and prosecution should act objectively when collecting evidence and collect evidence that is both favorable and unfavorable to criminal suspects, it is a specific litigation position of an investigation and prosecution authority. It was decided that the police and prosecutors always focused deliberately or unintentionally on the collection of the evidence of the complaint when investigating, and often did not take into account the evidence in favor of the defence. This may not only lead to innocent conviction or felony conviction, violation of the legal rights of suspects and defendants, but also the possibility of guilty persons escape the law and damage the interests of society. Referring to the private detective industry in France and Germany in the civil law system, the evidence collected by the private detective can usually enter the litigation track after being confirmed by the national investigation and control agency. This provides a theoretical and practical reference for the establishment of the legal status of private investigators involved in criminal case investigations, and at least provides us with a template for how to develop the private detective industry under a single-track investigative system. In other words, we allow the development of private detectives under the monorail investigation system, not the "pioneers" of the world, but there are precedents to follow. It is believed that with the advancement of the construction of the rule of law in China, it is expected that the criminal investigation power of private investigators will be granted.

As for how to carry out industry management and personnel training. The author believes that it can learn from the legislation and management systems of foreign private detectives. In the formulation of ministerial administrative regulations or administrative regulations in China, the management of the private detective company industry should be strengthened, and the scope, pre-approval conditions, and registration of private detective companies in China should be clearly defined Registration system, the establishment of professional discipline and professional ethics, legal responsibilities, etc.

The training of private detectives should mainly include the following: employee background checks, civil proceedings, principles of civil damages, criminal proceedings, collection and preservation of evidence, seizure and control of property, fingerprint technology, tracking methods, personal identification methods, industry Investigations, insurance investigations, career investigations, detective common sense, crime scene mapping, classification of crime techniques, movement and location photography, collection of testimonies, secret investigations, pre-employment review, investigation methods, investigation report writing, store theft investigations, intelligence collection , Secret waiting and testifying in court.

At the same time, the establishment of the legislation and management system of China's private detective industry can draw on the management system of China's lawyer industry. Because the management system of China's lawyer industry is relatively complete, the industry characteristics of the lawyer industry and the industry characteristics of the private detective industry have great similarities. Therefore, the Chinese private detective industry can learn from the management of the Chinese lawyer industry and implement a combination of administrative management and association self-discipline. The Ministry of Justice or the Ministry of Public Security, as the administrative examination and approval agency of the Chinese private detective industry, is responsible for the examination and approval of the license of the detective company (or investigation company) And annual inspection and review, as well as the examination and approval of licenses and annual inspections of private detective licenses, and the exercise of administrative penalties; the establishment of a national Chinese detective association, and the private detective association is responsible for industry self-discipline management.

As for the behavior of private detectives, which is a "private remedy" approach, it is easy to infringe on the legitimate rights and interests of others, and how to regulate it. The author believes that according to whether legal liability should be assumed, private relief can be divided into two categories, namely, private relief involving criminal liability and private relief without legal liability. Private liability without legal liability is usually legal, but it may also be a situation that is not expressly provided for by law. The legal private relief may also bear legal liability. For example, Article 21 of the Criminal Law stipulates that there is no criminal liability for emergency hedging, but this does not mean that there is no civil liability. Article 129 of the General Principles of the Civil Law stipulates that: due to emergency hedging If damage is caused, the person who caused the danger shall bear civil liability. If the danger is caused by natural reasons, the emergency risk avoider does not bear civil liability or bear appropriate civil liability; and private relief involving criminal liability is obviously prohibited by law. In summary, if the behavior of a private detective infringes on the legitimate rights and interests of others, the criminal or civil liability should be investigated in accordance with Chinese law, and then the decision can be made according to law.

As for the admissibility of civil evidence obtained by private detectives in litigation. For civil evidence, according to China's "Evidence Rules" and the "Certificate of Civil Procedural Law" "who advocates who give evidence" civil evidence evidence rules, the parties can certainly use external forces to exercise the power of entrustment when the evidence is insufficient, entrust private investigators to investigate and obtain evidence. As long as the private detective does not violate the prohibitive norms of Chinese laws and regulations when exercising the entrusted right of "private relief", the evidence obtained by the entrusted party shall be deemed as the evidence obtained by the parties themselves (the legal basis is that the entrusted results should be entrusted to the entrusted party. People), should be accepted in litigation. The right to investigate and obtain evidence for criminal evidence has been stated previously and should be excluded due to violations of the current criminal procedure law.

1. Strictly keep secrets, and keep secrets about clients' secrets.

2. No bribes, justice is more important than money.

3. Don't take pity on your bones even if you search for nothing.

4. Judgment should not be preconceived, only facts are conclusive.

5. Don't write false reports.

6. Don't be moved by private feelings. Reason should be better than emotion when acting.

7, Judo and karate and other self-defense techniques, we must master one of them.

8. Knowledge of psychology, forensic science, and forensic science is also essential.

9, keen observation. Moreover, the meteorological conditions at the time of the crime and the special conditions on the scene can be observed scientifically, because some evidence will disappear and change over time.

10. Have intuition, see through the truth through a humble physical evidence.

11, rely on rich imagination, reasoning, reproduce the various means of committing crimes.

12. Concentrate

Becoming a detective requires a high degree of concentration, but it is not always

Frowning is enough to think, too nervous will leak important things. "Think deeply" and

"Difficult thinking" is quite different. Only when the necessary materials for inference are complete can one enter the "deep

"Thinking." To smoothly switch this program, you need excellent attention.

13. Have keen observation

All offenders try to cover up their crimes, without leaving evidence to anyone.

Gains, but usually the facts cannot be completely concealed. If you observe keenly, you can find some spider silk.

Horse tracks. The so-called detective is nothing more than finding out what is hidden at the crime scene or the content of ordinary people

clue. Therefore, observation is the source of reasoning.

14. Enrich yourself more

Most people think that the detective's mystery and reasoning must rely on the intuition and nothingness of ordinary people.

Only limited imagination becomes possible, in fact, this is a great misconception. Of course, intuition is right

One of the most important factors, but for a detective, it is more important that he has a wealth of knowledge. blessing

Holmes has a keen intuition and a good mind, but why he became the first in the world

Detective. It is because he has no less than expert knowledge in chemistry, poison, and anatomy.

15. Don't forget curiosity

Curiosity is where the energy of a detective lies. Especially when it comes to crime scenes, or key actions

When there is a trace of doubt, you must follow it. Many things are taken for granted in our daily lives,

If you are used to this "for granted," then you cannot become a detective.

Things you question.

16. Have good memory

The so-called complicated things must be a combination of strange factors and intricate interpersonal relationships.

If you can find the clue in the complex maze and the facts hidden inside, you can become a real

Detective. To unravel a difficult event, Superman's memory is indispensable. You must remember

The situation at the time of the incident, and what the stakeholders said unintentionally.

Qualifications for Private Detectives

(1) Be at least 18 years old;

(2) Have a bachelor's degree or above, or passed a qualification examination at the corresponding level;

(3) both mentally and psychologically suitable for detective work;

(4) Have a high sense of moral responsibility;

(5) There is no criminal record that can affect his proper performance of such duties;

(6) there is no physical defect preventing him from performing such work;

(7) Have received relevant professional training and master the basic knowledge and skills required for detective work.

Common tools for private detectives

Mobile phone companion positioning and tracking software is a commonly used tool in the domestic private detective industry and has been unanimously recognized by users.

Social service personnel often wear costumes, secret camera equipment, GPS trackers, etc.