Study On The Legality Of Private Investigation And Participation In Litigation Activities

Private investigation refers to various investigation activities carried out by ordinary private subjects,and is essentially a way of private relief.In the Western context,private investigations are also called private detectives,providing employers with investigation reports on employee background checks,business competition,and the scope of activities of children.In the West,the private investigation service business has developed to a very high level,from the original private detective industry to the private security industry.This business is only a business branch of the private security industry.Many Western countries have special legislation to affirm the legality of private investigations.Status and clarify its rights and obligations.Unlike Western countries,my country’s private investigation service industry has not had legal status,and the reason is that private investigation will violate national investigation rights and disrupt the judicial order.In fact,private investigations can protect legitimate rights and interests and achieve the value goals pursued by the procedural law.In order to understand the effects and problems caused by private investigations participating in litigation activities,this article analyzes the situation of private investigations participating in litigation activities and studies the legality of private investigations participating in litigation.This article is divided into four parts.The first part describes the concept,main types and business scope of private investigations in order to have an overall grasp of the private investigation service industry.The second part analyzes the theoretical basis of private investigations participating in litigation activities.Firstly,it demonstrates the legitimacy of private investigations participating in litigation activities from the perspectives of private remedies and party doctrine;secondly,it analyzes private investigations participating in litigation from the perspectives of social needs,international rule of law,and public ideology The feasibility of the activity;Finally,it analyzes the necessity of participating in litigation activities from the perspective of private investigation and participation in litigation activities,which is beneficial to safeguarding the legitimate rights and interests of the parties,improving the efficiency of litigation,and helping to solve the difficulties in enforcement.The third part responds to the academic circles’ disputes about the participation of private investigators in litigation,that is,whether the investigation behavior of private investigators will threaten privacy,whether they are infringing investigative power,whether the evidence is admissible,etc.In addition,it analyzes the current lack of legal status of private investigations,the absence of the regulatory system,and the loopholes in the rules for exclusion of illegal evidence.The fourth part is to construct a system for private investigation and participation in litigation activities: firstly,legislatively affirm the legal status of private investigators;secondly,improve the rules for exclusion of illegal evidence;and finally use a combination of external supervision and internal supervision to serve private investigations Regulate the industry to make it play the greatest role within the scope of the law.