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Private detectives seek legal recognition
By Jiang Zhuqing (China Daily)
Updated: 2004-06-07 09:30

Even though Sherlock Holmes is a household name in China, the image of the private detective has never been legalized.

The Ministry of Public Security lauches a survey on the development of private investigation services. [file photo]

Now, however, the situation is changing.

The Ministry of Public Security is launching a survey throughout China's major cities on the development of private investigation services, a sign widely interpreted as a prelude to the legalization of the business, reported Xinhua.

Peng Yong, deputy general manager of the Chongqing-based Bangde Commercial Investigation Co Ltd, said the survey his company received touched on the scope of its services,fees, investigation means and investigation tools used by the company.

The survey was launched by the ministry in the country's 10 biggest cities, such as Beijing, Shanghai and Chongqing.

"In a commercial way, private detectives' involvement in the social and legal order could compliment the government's management of society," said He Jiahong, a professor with Renmin University of China, in an interview with Global magazine.

According to He, there are about 20,000 private detective agencies around the nation, but none of them call themselves a private detective institution.

Meanwhile, the major business of the agencies belongs to the scope of private detectives, such as handling civil affairs and economic disputes, chasing debt payments and looking for relatives and friends, He said.

On the one hand, the private detectives could help protect the legal rights of the trustees, He said, adding that, on the other hand, they might also infringe the privacy of others and even cause a negative influence on society.

Private investigators have long been prohibited by public security organs and industrial and commercial departments, reports said.

In 1993, the Ministry of Public Security issued the Circular on Prohibition of the Establishment of Non-governmental Organizations in the Nature of a "Private Detecting Agency," which says that private, non-governmental investigators are strictly prohibited.

So far, the ministry has not considered lifting the prohibition any time soon, reports said.

To this, Wang Taiyuan, a professor with the Chinese People's Public Security University, said it is crucial to define the private detective's rights and means of investigation by setting up principles and measures through legalization.

Meanwhile, there are no detailed studies on the legal practice of private detectives, which restricts the drafting of laws, he noted.

"That is the major hurdle in the process of legislation."

Niu Jianguo, a lawyer with the Sichuan-based Chuanda Law Firm, said that the crucial point for private investigation companies to get on an equal footing with judicial investigation departments is to ensure the investigation means they use are justifiable and do not violate other people's privacy.

"Fast or slow, the underground business of the private detective industry will grow out," said He.

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