CRI听力:Private Investigation Industry Slowly Develops in China

Recently, cases involving private detectives that have been sentenced for operating illegally have garnered much attention. Now that private investigation services have been identified, which have long been obscure in China, the cases have sent a message the government will take a tougher stand on the industry.




It is estimated China now has some 3,000 investigation companies with about 300 thousand people working as private detectives. They manage a wide scope of services, from collecting debts, tracking missing people, to obtaining evidence of marital love affairs, and even acquiring information on bank accounts and phone calls.
 
According to Chinese law, if someone makes an accusation, he is the one who needs to collect evidence backing his accusation. On the other hand, it also claims that only the State has the right to investigate criminal activity.
 
While China's police force dwarfs the rampant growth of civil cases, policemen can't efficiently investigate small or complicated cases.

As a result, many people turn to private detectives for help.

Despite all its rapid development during recent years, the identity and operation of the industry has long been obscure here in China. There is no clear law recognizing or denying their existence, let alone specific rules to regulate their work.

Therefore, most of the agencies are registered under the label of Commercial Consultants or Survey Agencies.
However, last year a case pushed the whole industry to the verge of being deemed illegal.
 
A private detective surnamed Li was sentenced by Beijing's Chaoyang District Court to 7 months in jail and a 300 thousand yuan fine for running an illegal operation. Li helped track a man who had stolen tens of thousands of yuan cash and a BMW automobile from his client. Li also helped the client break into the guy's house and unlawfully detained the man for several hours.

Judge Zhang Jun of the People's Court of Chaoyang district explains Beijing has made it a law that if an investigation agency has taken illegal measures which result in serious consequences, the agency will be charged with 'Illegal Operation'.

"Their activity hampers the social order and public security. According to criminal law, we will accuse them with the crime of Illegal Operation."

Actually, the debate over the legalization of private investigation goes back a long way.

However, the government's attitude has been wavering.
 
In 1993, the Ministry of Public Security issued a notice forbidding any forms of private investigation agencies to exist.
 
In 2004, the Ministry of Public Security launched a survey in China's major cities on the development of private investigation services. The survey was taken as a sign to pave way for the legalization of the industry but later proved futile.
 
In June 2006, the Crime Prevention Institute of the Ministry of Justice carried out a training course for private detectives. Although the private detective industry still had no legal status back then, more than 100 private detectives attended the training only to obtain a certificate of completion given by the government.
 
But still today, it's still unclear if the existence of private detectives is legal or not. Experts believe it's the many challenges in regulating the industry which slow the pace of making it legal.