Private detective forced to enter the room to take photos and was charged with "crime of trespassing into the house"

At 2:00 a.m. on May 29, 2008, in an "action of safeguarding rights" for Ms. Liu, a citizen of Chengdu, private detective pried open the anti-theft door of a house, rushed into the bedroom with Ms. Liu, and forcibly photographed Ms. Liu's husband Xiaoqiang (pseudonym) and the third party. Recently, the procuratorate of Jinjiang District, Chengdu City, Sichuan Province arrested six people involved in the case on suspicion of "trespassing into the house", and Ms. Liu was released on bail pending trial. Liu Xiaolin, the head of Debang, was at large. Article 245 of the criminal law of China stipulates that Whoever illegally invades another person's house shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

In the civil disputes in citizens' life, the national investigation and litigation organs generally do not intervene, but when the legitimate rights and interests of ordinary citizens are infringed, the parties often do not have the corresponding technology and ability to carry out the investigation, so this demand breeds private detectives and develops in some cities. Debang's branches have been set up in Shanghai, Kunming, Yiwu and other cities. Another reason for the private detective market is the law. The civil procedure law stipulates the principle of "who claims, who adduces evidence". In addition to special cases such as medical accidents, in order to win a lawsuit, the plaintiff must adduce evidence. The evidence obtained by the plaintiff by employing a private detective may not have the requirement of legality, so the evidence may not have legal effect. However, in reality, the victims of nude photos often do not report to the police, so the audio-visual evidence of nude photos can often be used as a link in the evidence chain to prove that one party in the marriage has negligence.

In fact, as early as 1993, the Ministry of Public Security issued the notice on banning the establishment of non-governmental organizations with the nature of "private detective agency", which forbids any unit or individual to establish non-governmental organizations with the nature of private detective such as civil affairs Investigation Institute and security affairs Investigation Institute. As a countermeasure, at present, some private detective offices in the market, mostly in the name of "information consulting center" and "professional investigation center", conduct investigation and evidence collection secretly.

Because of the real needs, the private detective industry has developed rapidly, but it is also facing a crisis. The main reason is that the private detective business does not have a legal status in law. At the same time, the overall quality of the private detective practitioners is not high. In the process, there are often violations of the personal rights and property rights of the investigated objects, which are punished by law. At the same time, the excessive development of non-governmental forces outside the current judicial system is also more vulnerable to the rebound of the system, not to mention the foundation of this force itself has many problems.