A Study Of The Problems Of The Profession Of Private Detective In China

The private detective industry, service industry with its unique way to penetrate intoour social life and are growing, but the relevant administrative departments in Chinato date on the private detective industry, held a negative view. By analyzing theexistence of the private detective industry, the legal basis of U.S. and British privatedetective industry standard legislation of Inspection and Evaluation and the existenceof the private detective business in China need to prove the feasibility can not simplyban and ban trouble, while private Detectives at this stage have a negative impact, butin general is more good than harm, should be dredged should not be blocked,after thestandard first recognized-through legislation into the legal regulation of privatedetective industry, among the legal status given to the private detective industry, theprivate detective business to be healthy and orderly way to serve the community.This paper consists of five parts:The first part is an overview of the private detective industry. Describes the contentof private detective industry, domestic and foreign private detective industry overview,features, relevant administrative departments in China so far still hold a negativeattitude towards the private detective industry.The second part is the private detective industry, the legal basis exists. Includingsocial contract theory as the core of the legitimacy of private relief and the existenceof the private detective industry is the embodiment of Private Autonomy.The third part is the United States and Britain Specification legislation of theprivate detective industry, Inspection and Evaluation. Although the United States andBritain agree on the private detective industry in varying degrees, the United Statesmost states have specific legislation on the industry, there is no specific UKlegislation, but they exist on the private detective industry are more positive attitude.The fourth part is to analyze the existence of the private detective industry in ourcountry need and feasibility. Detective Existing in China need to include privatedetective industry Zuowei one kind of Private Remedies yes Relief Public Abilityuseful Buchong; can Baozhang transaction security, Cujinchengxin Yuan Ze’sestablishment; private detective industry is Cujin justice drive for reform.Feasibilityanalysis, including community has with the material existence of the private detective industry basis; most people already have accepted the concept of the private detectiveindustry; private detective industry meets the demand of the investigation andevidence collection; current law the existence of the private detective industryprovides a foothold land; civil burden of proof systems exist for the private detectiveindustry has created a wide space.The fifth part is my idea of a private detective industry legislation. Learn fromdeveloped countries, the private detective industry norms and legislation of China’s"Lawyer Law" and formulate relevant laws and regulations on the legal nature of theprivate detective industry, barriers to entry, regulatory system, rights and obligations,professional tools, business, legal liability and to make provisions for risk prevention,establish a sound legal restraint mechanism.