Brief Talk on Investigation in China
By Hai Yang, President of Beijing Steele Business Investigation Center

 

Since 2000, the investigation industry in China was getting closely linked to the market along with more and more consciousness of risk control in commercial market, which results in changes of investigation business with the main stream converting from afterwards investigation into beforehand check.

Generally speaking, beforehand check covers due diligence check on the potential trading partner before cooperation, pre-employment screening and investigation on investment environment before investment, etc.; while afterwards investigation aims to solve crisis or conduct salvation, such as loss recovery in debt disputes, tracing assets for judgment execution.

Scientific risk management requires a suit of appropriate risk prevention methods based on legal practice, and legal support from lawyers or investigators is one of effective ways. However, recently some investigation practitioners in China neglect legal risks when focusing on the large market, which brings risks both for themselves and clients. Accordingly it needs a dispassionate analysis on the market demands to adjust business structure.

As those in western countries, the information protected as secret by enterprises or individuals are not publicly released in China, e.g. bank account information, communication records and so on. However, there are a few practitioners are announcing that they are able to check one’s call list by internal contacts and dun for debts at door even if these are illegal. As a result, it gets clients and themselves into troubles.

In fact, various public and safe approaches are available in investigation. Take web search for instance, more than a general search via search engines, it involves information seeking by professional skills to identify additional clues through careful analysis and comparison. Public interview is another good way. A comprehensive plan before the interview will not only avoid legal risk but also enhance operability. Pursuing to the above, public operation is always adapted to investigate beforehand but afterwards investigation is a bigger challenges, even involving legal risks sometimes. We have so many successful cases by legal investigation approaches, and hope it may provide as inspirations of investigation in China for our colleagues.

As we know, there are diversified legal institutions in different countries. It is no doubted that business shall operate in compliance with local laws for a persistent and prosperous development. Just like what we claim to our clients all the time, “We are not providing risky services against your risks.”
 

 

 

 

 

 

 

 

 

 

For more:

Brief Talk on Investigation in China

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SBCS Investigation Services cover Beijing, Tientsin, Shijiazhuang, Taiyuan, Huhhot/Hohhot, Shenyang, Changchun, Harbin, Shanghai, Nanking, Hangchow, Foochow, Nanchang, Tsinan, Chengchow, Wuhan, Changsha, Canton, Nanning, Haikou, Chongqing, Chengtu, Kewiyang, Lhasa, Si’an, Lanchow, Xining, Yinchuan, Urmuqi, Taipei, Hong Kong, Macau and so on.