Who are those who are on the sidelines of the law?

These reports contain the views and opinions of the author. In order to avoid legal risks, people will definitely conduct sufficient research on the law to avoid the adverse consequences caused by legal risks. This is completely understandable and is the job of many legal professionals. The "security of the rich" issue that has occurred frequently in recent years has gradually brought the mysterious profession of "private bodyguard" to the surface. More and more wealthy people choose to hire highly skilled martial artists with high salaries to cope with dangers that may arise at any time. These bodyguards often appear as secretaries, assistants, assistants or drivers. Their main responsibility is to protect the safety of the employer and assist in handling some private matters.

In today's Western countries, private bodyguards have become an ordinary profession like lawyers or doctors. In China, because they have not yet been legally recognized, in many cases, private bodyguards are almost in conflict with the law." Survive by "playing the edge". How to treat the "new thing" of "private bodyguards" has attracted widespread attention from society and the legal community.

Criminal cases against the wealthy are on the rise

On January 22 this year, Li Haicang, chairman of Haixin Group, a private enterprise in Shanxi, was shot in his office. The murderer also committed suicide on the spot. On February 22, Zhou Zubao, a wealthy businessman from Yueqing, Wenzhou, Zhejiang, who ran a market in Beijing and was worth tens of millions, was stabbed to death in front of his home. He was stabbed 14 times.

As the struggle against violence and anti-violence becomes increasingly acute, news about the robbery, kidnapping, and extortion of wealthy people and their families has frequently appeared in the newspapers.

Liu Jianri, chairman of Shanxi Datong Yungang Industrial Corporation, has been threatened by the underworld since February 2002, and has been extorted up to 100 million yuan. On the morning of July 13 that year, Liu Jianri and his family were on their way back from sweeping his father's grave when more than 30 people emerged from the woods and launched a surprise attack on them. Liu Jianri, protected by his accompanying relatives, friends and bodyguards, was able to escape after running in the wilderness for 5 hours.

Zhang, chairman of a group company in Puyan Town, Hangzhou High-tech Zone, walked into the local public security bureau on the evening of January 9 this year, holding a bullet-filled letter extorting 400,000 yuan.

In Guangdong, in recent years, some criminal suspects have used methods such as planting explosive devices, sending letters (some letters contain bullets, poisons and other items), making phone calls, and sending mobile phone text messages to threaten and target companies. There is also an increase in criminal cases involving public institutions and their responsible persons engaging in extensive extortion.

"Rich people being murdered" has given rise to "private bodyguards"

It is understood that in some provinces of our country, "wealth embezzlement" cases account for nearly 90% of criminal cases. Violent incidents such as kidnapping, extortion, blackmail, and robbery against the wealthy are gradually accounting for an increasing proportion of criminal cases, and the frequency of extreme incidents against the wealthy is also increasing.

According to statistics, there are currently 1,000 billionaires and 3 million millionaires in China. In addition, the increasingly large group of sports stars and entertainment stars often require full-time security personnel to assist them in their work due to the particularity of their public figures. Mr. Xia, who is engaged in bodyguard work, told reporters that judging from the scope of his acquaintances, there are no less than 5,000 private bodyguards in Guangzhou. Most of the people who hire bodyguards are celebrities in the literary and art circles, entrepreneurs and successful people from all walks of life, especially the bosses of foreign-funded, wholly-owned and foreign-owned enterprises. Due to the development of Guangzhou's hotel industry and real estate industry, private bodyguards also account for a large proportion of these two industries.

During conversations with some business owners, the reporter learned that in addition to considering their own safety, most bosses hire bodyguards for the purpose of showing off their authority or showing off. Some bosses hire bodyguards even for social entertainment. If they don't want to drink too much in social situations, having bodyguards can let them do it for them.

In foreign countries, private bodyguards have become a huge industry. An investigation report by the U.S. Department of Justice shows that there are approximately 1.6 million private security guards in the United States, which is three times the number of regular police officers. The turnover of the U.S. security industry will reach more than 100 billion US dollars by 2000.

"Private bodyguards" straddle the legal red line

Since private bodyguards have not yet been recognized by our country's laws, in many cases, private bodyguards almost survive on the sidelines of the law. . Therefore, some people call private bodyguards "people who cross the legal boundary." Both Mr. Xia and Mr. Zheng, who are engaged in private bodyguard work, said that "the boss comes first, the law comes second" or "the law comes first, the boss comes second" is often a topic of debate among "private bodyguards". Some bodyguards were fired by their bosses because they could not fulfill the "unreasonable demands" made by their bosses; some bodyguards were considered "not loyal enough" by their bosses and frequently lost their jobs; and more bodyguards were fired because they always "centered on the safety of their bosses" Frequent run-ins with the law.

"Private Bodyguard" Mr. Zheng said that many bodyguards have had the experience of being detained, because when faced with the boss's order, the first thing that comes to mind is obedience, and then the law. But they will also try to find a balance between the boss's orders and the law. "If it's murder and arson, of course they won't do it. It's impossible to really risk your life for the reward of several thousand dollars. But if the consequences are not serious, , I will still do what my boss says, and the worst I can do is go to the police station.

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Mr. Zheng said that if society can formulate regulations for this industry, he believes that 90% of bodyguards will follow the regulations and become “law-abiding bodyguards.”

However, Mr. Xia, who is also engaged in bodyguard work, expressed doubts about the term "law-abiding bodyguards". He said that it is undeniable that among the people who currently hire bodyguards, they are engaged in "illegitimate industries". A large proportion. According to Mr. Xia, "Those who do legitimate business generally do not need bodyguards. Only the owners of smuggling, fraud, and casinos especially need bodyguards." To a large extent, these bodyguards do act as "accomplices" and "accomplices." If the bodyguard industry is legislated, Mr. Xia is worried that it will still be difficult for these people to abide by the law.

Are "private bodyguards" a "vulnerable group on the balance beam"?

The feeling of walking a balance between "illegality" and "crime" is not a pleasure after all. Mr. Xia said that in a sense, private bodyguards are still a "vulnerable group" in our country. They do not have their own organization. , there are no laws and regulations to protect their rights, and they are always at risk of being "fired" by their bosses or being "taught" by the police. They do not even have a legally confirmed identity, and can only call themselves "drivers" to the outside world. Or "working as a security guard."

In fact, many young people use being a bodyguard as a "springboard" to get a better career. Mr. Xia became an employee of his boss through being a bodyguard. He was quite satisfied with the result. He said that when he first retired from the army, he had no other skills and worked as a security guard, but the pay was too low and he felt that his good health and skills were buried. Later, he became a bodyguard. The monthly salary is more than 3,000 yuan, and they are relatively valued by their bosses.

However, both Mr. Zheng and Mr. Xia said that they would not say that they are "private bodyguards" to the outside world. On the other hand, they believe that society is prejudiced or even hostile to the word "bodyguard" and often compare this industry with "thugs" and "black security guards". Always walking on the edge of the law, they have a feeling of walking on thin ice. Feeling. They hope that one day they can gain recognition and respect from society like employees in other professions.

Where will private bodyguards go?

Law School of Renmin University of China. Professor He Jiahong, a doctoral supervisor and J.D. from Northwestern University School of Law, can be called the “first person to study private bodyguards” in my country. As early as 1991, he pointed out in his book “Private Detectives and Private Security”: “The emergence of the private security industry It is a mature form of private detective industry in the private detective industry. "Professor He affirmed the existence of the private bodyguard industry and believed that the private bodyguard industry filled the gap in the social security management mechanism and made up for the lack of official police force.

However, some scholars believe that the development of private bodyguards is actually It is a retrogression in social history, because private bodyguards may infringe on the interests of ordinary people when protecting the interests of their bosses, which must be prohibited in modern democratic countries.

Professor Zhang Shuguang of the Law School of Renmin University of China said. When talking about the issue of private bodyguards, he said that according to the law, all private bodyguards can do is passive defense, and cannot be active offense. Any violent behavior they perform should be controlled within the scope of legitimate defense stipulated in the criminal law, otherwise it will be illegal. It will violate the criminal law.

The reporter learned from the Trademark Office of the State Administration for Industry and Commerce that at the end of last year, the Trademark Office of the State Administration for Industry and Commerce adjusted the scope of trademark classification registration, and the new ones may be more detailed than the original ones. The permitted registration categories include providing "security services" such as private bodyguards, detective companies, and person tracing investigations. However, successful trademark registration does not mean that you can engage in business activities covered by the trademark. Currently, enterprise registration does not involve the scope of private bodyguards. .

Relevant personnel from the Guangzhou City Industrial and Commercial Registration Department told reporters that today, with the popularity of security companies serving the public, there is still no "bodyguard company" in Guangzhou that can clearly provide bodyguard services to individuals. He also said that it is undeniable that there are still some underground "bodyguard companies" in Guangzhou.

Professor He believes that the "private bodyguard" industry should regularly contact and communicate with each other to develop a self-discipline mechanism to form a unified. The access system and industry standards will regulate the entire industry. He said that once this regulation is effectively implemented, it will play a good role in promoting the security and economic development of the entire society. But private bodyguards are society after all. It is a new thing in the development process of the socialist market economy. The country has not recognized its legality yet because it is still in the exploratory stage. When conditions are met, corresponding regulations will appear to regulate this industry.