Theory Of Private Detective System In The Building Of Civil Litigation In Our Country

Private detective is one kind provide the popular professional staff who defends and serves on inquiry specifically for the individual. Attitude of Private detective in every country is different, some legislating has definite law for that industry,such as America.some country does not make law for private detective, for example Germany,but there are Private Information Protection Law and laws of state security which limited the range of private detective work. Generally speaking, most west countries of the world have confirmed the legal status of Private detective. It is very different from China, private detective is illegal in our country.The main body of this paper is as follows:Chapter Ⅰ, by exploring the meanings and characteristics of the private detectiveprofession, and revealing the difference and relationship among the private detective,private security and police, this part tell us how to realize and understand this profession.Chapter Ⅱ, the basic situation of private detective is introduced in this part.Chapter Ⅲ, the secret of private detective is unveiled in this part,which in China emerged since1992, and experienced three stages, including emerging stage(1992-1994),bleak stage(1994-1998)and developing Stage(1998-recent).We will find this profession is in an embarrassing situation in China. Besides, this part focus on these aspects:the identity of the legitimacy of private detective, the efficiency of evidence provided by private detective, and the possibility of privacy infringement or obstruction of justice. The writer tries to find the reasonable evidence in order to establish the system of private detective as soon as possible.Chapter IV, this part tells us how to establish private detective system which suit for China’s own national conditions by learning advanced experiences of other countries. First of all, the legal status of private detective should be clear. Secondly, the industry access system of the private detective agency and its practitioner should be set up. Thirdly, management in this profession should be enhanced by providing the legal scope of business, strengthening the industry self-discipline, unifying standards for fees. At last, this profession should be supervised effectively by setting up liability system of private detective.