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On a detective, people will immediately think of the a varied and interesting literary works Fuermosi and Boluo. Now in the Western developed countries, shrouded in the mysterious detective who has gradually cooled, a detective and lawyers, doctors, accountants, ordinary career, but is the use of their special skills and knowledge to provide professional services to employers.
(a) have a detective industry
Chinese ancient arose devoted to the protection of property and personal safety rich " Biaoju " 。 Biaoju similar to the private security industry today. Although the detective industry and later, but more modern significance and a cross-section.
According to the records, the world's first private detective is Frenchman Fulangkesi honor of Eugene (Eugene Francois Vidocq). Victorian grams was born in 1775, he has been fencing, soldiers, prisoners and subsequently become fugitives, the final creation of a modern criminology and the first professional detective detection technique. His fame and influence to those of the ferocious lawless banditry panic-stricken, he created and led the French Security Department is the first modern reconnaissance institutions from the British Scotland Yard (Scotland Yard) to the US Federal Bureau of Investigation, are based on his theory and his French Ministry for the security model established. 1834, combined grams also initiated the world's first private detective advisory body.
Detective industry in the development of North America has a profound social foundation. 1850, Ping of Dayton in Chicago established the first American private detective agencies -- Ping of Dayton detective company. The company has attached great importance to the establishment of the company's credibility and quality of services, Ping of Dayton, the company established a Code of Ethics -- " Ping grams Woods guidelines " 。 These are the private detective industry for laying a good foundation. For Americans, Ping of Dayton is the late 19th century the word almost synonymous with American private detective.
(2) detection industry with the status quo
20 1960s, the United States has become a private detective industry integrity significance private security industry, mainly in the size of the expansion and strengthening of specialization. Here is the professionalization of two implications : First, the private security industry as a whole by strengthening internal management and the provision of access to social services standardization recognized professional status; Secondly, the private security industry has emerged within the profession more clearly, not only for business performance categories (such as investigation, security, security transport, lie detector, etc.) are different, and performance targets for services (such as factories, shops, hospitals, schools, etc.) is different. Facts have proved that such professional development of the private security industry is an important guarantee for the quality and efficiency of services, as well as the private security industry to keep up with the American social structure and the rapid development of science and technology an important guarantee.
Western countries, the private detective industry is a unique social phenomenon. Northern Europe, South America and Oceania, Africa, many countries have private detective company. Asia Thailand, the Philippines, Singapore, Malaysia, Taiwan, Hong Kong and other areas have professional private detective agencies. Taiwan has more than 560 private detective as, for example, the famous Young, and throughout her 119 Long. Only English one, now there are 3,000 private detective, 10000 in the private detective business.
In the context of globalization, the private detective in the search for new patterns, such as they are increasingly involved in the investigation of transnational government officials with corruption scandals, the most famous incident was the American private detective in the end of 2001. in the arrest of suspected drug trafficking in Mexico Quintana Roo (Quintana Roo), the former governor Mario Weilanniuwa (Mario Villanueva). [4] can say that the private detective industry in many countries of the world have made significant progress and development.
Third, our industry for detective reasonable and necessary
(a) private detective was unable to protect the individual interests of public power relief situations effective relief measures.
There is no doubt that the relief efforts of private relief was replaced human progress and social civilization embodied. But private relief and the power of modern society is not entirely in relief antagonistic. Sometimes, private relief efforts can be complementary and relief efforts, they can be complementary. Mainly in :
1, ineffective or unable to protect the public security organs in the areas covered, the detective can play its special role.
As we all know, the public security organs in the detection of criminal cases, and maintaining public order and play extremely important and irreplaceable role. But this does not mean that all violations can be corrected or judicial sanctions, nor does it mean that public security for all people in a position to provide timely, adequate, effective and impartial protection. Sometimes because of a serious shortage of funds, when public security officers handling ability, and sometimes because of their inefficiency. In addition, a small number of public security extorting confessions by torture, and manufacturing a trumped-up case, bribery, dereliction of duty, but also resulted in some people do not have access to fair and competitive relief.
It is not the case, people will consider seeking the help of detective. For example, please detective search for the missing, the whereabouts of trafficked persons.
2, the start of some relief programming deficiency exists for the people to seek the help of detective.
For example, article 170 provides that the "criminal" cases of private prosecution, including the following cases : (2) evidence that the victim had minor criminal cases; (c) there is evidence that victims of violations of their personal accused, property rights should be held accountable according to law Public security organs and people's procuratorates or not to pursue the criminal responsibility of the cases. No. 170 from the Penal Code stipulates two conclusions can be drawn : First, the victim has the right to bring a private prosecution in criminal; Second, the victim must have evidence. Envisaged, if the victim belongs to the low level of literacy, illiteracy, or young persons, in the absence of relatives and friends to help or community legal aid cases, to comply with their own private prosecution collected material evidence on file for easy standards? If the victim does not investigate, collect evidence ability of the system to protect their private prosecution case meaningless. Again, section 203 Criminal Procedure Law stipulates that victims of the accused can appeal the sentence is too light, the same token, there is no corresponding evidence of how complaints?
3, judicial injustice, excessive litigation costs is to help people choose detective one of the major reasons why.
For example : When a client wants to recover arrears litigation means that the debtor escape in the circumstances, when he analyzed even won a judgment in the payment of high legal fees, litigation costs, and spent a lot of energy, still can not be implemented successfully, because the tribunal will soon be in Zhawuciren fate No grounds for the implementation of property " Suspended " , then the case will be touched. This time he is likely to seek private detective to trace the whereabouts of the debtor, before resorting to legal channels to find clues. If the state does not allow the existence of detective industry, the parties have no choice, or lodging, or rely on underground channels debt collection.
(2) private detective litigation system is the inevitable choice for China.
Our civil law established " Who advocates who proof " Principle, in the previous litigation activities, and has not been fully reflected. " Clients a mouth, judges wear " The phenomenon is widespread. Parties in the civil, economic distribution of court proceedings must bear the burden of proof obligation, but faces court regardless, lawyers are not professional, they did not have time capacity situation. ? Only to have the relevant professional knowledge and skills to those who do, private detective thus came into being. This is the process of social development a reality, we need to address this point.
To more specifically address detective in helping clients proof of the role of our new "Marriage Law" as an example. 46, an increase of the new Marriage Law " Divorce fault compensation principles " , provides a spouse with another person bigamy or cohabitation lead to divorce, no-fault party has the right to request compensation. 47 provides that : At the time of divorce, one party conceals, transfers, sells, destroyed the joint property of husband and wife, or damages property jointly owned by the husband and wife, property division, the fault side of the sub - or-less. After a divorce, there is the aforementioned acts, no-fault party can request again split the joint property of husband and wife. Of course, no-fault compensation to the request must assume the corresponding burden of proof. Then, how no-fault side Evidence, what means, from what channels to be legally effective to evidence? In the Marriage Law and related judicial interpretations are not related. Compared to other types of cases, no-fault divorce cases to proof more difficult. As we all know, in general, men had an affair with divorce cases are most welcome. In recent years, married male " Taking concubines " Phenomenon is unabated. For public opinion and pressure from other family members, these men had an affair or in cohabitation with others, often surreptitious actions, often against others found. 're able to let his wife in bed, took photographs, after all, is a handful. Wife that her husband outer keeping and feeding of a woman know, neither knew his mistress shelter, but also get her husband an affair evidence, but was unable to locate her husband transferred property. How her husband had no evidence to prove that his wife? Public security can not manage these tasks, but also allow them to hire experienced detective to safeguard its own interests, it is to ask these legislators wife plays into the Fuermosi officers themselves engage in investigation? Clearly unrealistic. That being the case, the "Marriage Law" 46 and 47 of how to effectively protect the legitimate rights and interests of victims in the marriage and family?
(3) private detective to be effective against commercial risks, one of the ways to protect the security of transactions.
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Now, many in the media have explored the current serious " Credit crisis " 。 We all feel the presence of Chinese enterprises is the lack of credibility, exaggerated point : in this regard " Chinese nation to the critical moment " 。 Other countries in the world do not trust the Chinese enterprises, China's domestic enterprises do not trust each other. Now some of the worlds credibility of the Bank of China's enterprises evaluation is very low. China attaches great importance to ancient to credit is : " People without a letter, I wonder if it could also " 。 One such stress credit to the nation state, is very tragic.
It is precisely because of the decline in the credibility of domestic enterprises only to the private detective industry provided a large room for skill. Businessmen in trade, investment, cooperation, the first to employ private detectives to trading partners, investment projects and partners credit investigation and risk assessment, decision-making errors can be reduced to a large extent, avoid commercial risks and to protect the security of transactions.
(4) Private detective activities and the protection of intellectual property in a crackdown irreplaceable role.
Globally, counterfeit and illicit copy of world trade has risen to 5%-7% or on the basis of the EC to recent estimates, about last year's income from 200 to 300 billion US dollars each year. Because the government is unable to deal with large-scale counterfeit, famous for large companies often rely on a number of unofficial strike, to trace violations of intellectual property rights. Inspire large companies to do so in order to protect their brand power, but also to protect themselves as haemorrhage, lost profits.
In China, there have also been private detective specializing in selling activities. Swindle groups and tracking their dens in a precise evidence, and to be known companies report and credit. According to the company then known detective clues and evidence provided to the relevant government departments to report, the destruction of counterfeiting activities by government departments come dens.
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