A Study On China's Private Investigation Industry

The professional private detective first came into being in western counties in 19th century. It becomes more and more mature through development of more than one century. From the view of the various roles that it plays in modern society and the influence that resulted, the practice of private detective is in close relation with the operation of modern law. Not only has it a positive effect in protecting rights, but also it plays an important role in assisting the execution of law and realizing justice judicature and so onFrom the foundation of our country's first private investigation agent, China's private investigation industry has undergone ten years of weather-stricken life. From one hand, private investigation industry springs in order to meet the special demand of society and in practice the development of this occupation includes a number of positive factors that can facilitate the modernization of china's law. From the prospect of functionalism, this profession occupies rationality to ensure its existence in society. However, on the other hand, the Chinese private investigation industry does not gain a lawful position in society because of its rationality. Not only have our nation stated documents to prohibit the establishment of such companies, most citizens are doubtful about this occupation. Therefore, how to understand the rationality of the China's private investigation industry? What is its influence on the practice of China's modernization of law? These are questions that bring people into deep thought. Besides, the practice of china's modernization of lawshould be specific; the focus on private investigation industry's influence on the practice of law is bound to be a focus on specific practice. In consideration of the above, the paper analyzes the problem from six aspects.The first part introduces the history and development of professional private detective. Through tracing back the history, it analyzes the social factors that bring professional private detectives: make up for the lack of rescue power of the public, which gives us a perceptual knowledge of the initial condition of modern private detectives. Then it analyzes private detectives' main function in modern society through the discourse on the development of the private detective in several countries in 20l century, especially after world war two, which makes sense mainly in that through analysis of the social function of private detective, summarizes the function of private investigation industry in the protection of rights in modern society, regulation of the public order and lawsuit. What's more, it foreshadows the following discourse.The second part mainly introduces the destiny of the private detective in China. It initially makes analysis about the appropriate Chinese title of the private detective. Then points out the present condition of private investigation industry. The purpose of this part is to give the reader a preliminary understanding of China's private investigation industry.The third part analyzes the function of private investigation industry in the protection of rights. First, from the aspect of property rights, when private investigation companies assist enterprises in avoiding business risk, they are actually protecting their property rights. Next, the author made specific analysis on the controversial issue that private investigation companies infringe citizens' intimate rights and points out that the nature of the issue is the conflict between different interests, which should be settled by legal means and should not be taken as a pretext to deny the positive role of private investigationindustry.The forth part analyzes the assist-the-execution-of-law function of private investigation industry in public administration of modern society. It first discusses the social background against which the private detective bring this function into play, that's to say the reform of simplification of the government, decentralization of the power and the distribution of the administration carried out by the go...