Case Analysis On Private Detective

Generally speaking, a private investigator is one who is entrusted by his employer to acquire secret information or evidence by means of overt or covert detective. With the development of our economy and diversification of the social division, this industry emerges and flourishes in our country,which is getting more and more attention from the public. Although the private detective industry has not yet obtained a legal status in our country, the huge market demand as well as the blank of legal system,which provide the possibility for its development. Through a case that comes from legal report,this paper will analyze the problems of the private detective,then propose the solution of it.The first part introduces the facts of the case and the attitude of the public,as well as the legal issues which triggered by the case.The second part in this paper will analysis on the legal issues that triggered by the investigation actions of private detective, including the source of the citizen’s right to investigate and collect evidence, the nature of the private detective’s investigation right, the conflict and co-ordination about the right of privacy and the right to know, exclusionary rule of illegal evidence.The third part discusses will introduce the private detective industry status and management experience in regulation on Europe and the United States and Japan.Then we will explore the legitimacy of the private detective industry in China through the legitimacy of Private Remedy, demonstrate the necessity of the private detective industry by market demand for civil investigations and criminal investigations. Through the problem that the employees of private detective on practice in the case, we will explore the common problems of the entire industry in the development process.In the fourth part of this thesis, using for reference from the management of the west, we will explore the legal regulation of this industry by establishing the legal status and management mechanism of private detective、regulating the investigation means of theprivate detective employees、Strengthening the private detective professional ethics and establishing the trade association of private detective.