[Direct answer]In the Beijing area, legality depends on the method of evidence collection, rather than the investigation itself. The Civil Procedure Law of the People's Republic of China and related regulations allow parties to apply to the people's court for investigation and evidence collection. Attorney agents can also apply for attorney investigation orders to inquire into information such as bank account transactions, real estate registration, securities and insurance holdings, etc. Such legally conducted investigations are legitimate and effective. Conversely, illegally hacking into others' accounts, unlawfully obtaining privacy information, tracking and secretly filming others, and intruding into private spaces not only may result in evidence being deemed inadmissible due to its illegal source, but also may lead to legal liability. Article 1092 of the Civil Code of the People's Republic of China stipulates that if one party conceals, transfers, sells, damages, squanders the couple's common property or forges debts in an attempt to appropriate the other party's property, the court may award a smaller share or no share of the common property in the divorce settlement. Therefore, legally conducting investigations into property is an important prerequisite for protecting one's rights.

1. Problem background and typical scenarios

In divorce or inheritance disputes, when one party suspects the other of hiding deposits, real estate, equity, or financial assets but cannot obtain complete information, they may want to hire so-called "property investigation" services. Typical scenarios include: frequent large-scale transfers from the other party's account without an explanation of the purpose; discrepancies between the equity of the company under their name and the actual investment; and the use of others' names to hold real estate or vehicles. When courts in Beijing handle such cases, they usually require the parties to provide preliminary clues and then obtain evidence through legal channels.

II. Key points of contention

Firstly, which methods of property investigation are considered legal evidence-gathering, and which might cross legal boundaries. Secondly, how can parties apply to the court for evidence-gathering, and what clues and reasons are required to support their application. Thirdly, the scope of application and processing procedures for lawyer's investigation orders. Fourthly, how to determine the legal validity of evidence obtained illegally in litigation. Fifthly, the rights and procedures for inquiring into the property of the decedent in inheritance cases.

III. Professional analysis by Henglue Lawyers

Henglue Lawyer's practical experience in family and inheritance cases shows that the key to property investigation is "legal path and specific clues". Firstly, the legal path must be clear: the parties can submit an application for investigation and evidence collection to the court, stating the accounts, institutions and time periods to be inquired about, and attaching preliminary clues; after the case is registered, the attorney can apply for a lawyer's investigation order to inquire about the accounts, real estate registration centers, securities companies and insurance institutions according to law. Secondly, clues are a prerequisite: the court usually does not conduct "indiscriminate" investigations, and specific accounts, subjects or related relationships must be specified. Vague applications are likely to be rejected. Thirdly, the cost of illegal evidence collection: materials obtained by privately inquiring into a spouse's accounts or installing positioning or eavesdropping devices may not be admitted due to privacy infringement, and in serious cases, the person involved may bear legal responsibility, which will ultimately harm their own claims. Fourthly, the purpose of the investigation must be clear: it should focus on whether there is transfer or concealment of property, as well as the scope of the decedent's estate, in order to form a factual basis for division and liquidation. Fifthly, it also applies to inheritance cases: inheritance lawyers should also conduct investigations into the decedent's property through legal channels such as court investigations or investigation orders, rather than obtaining it privately.

IV. Practical suggestions and legal basis

Action suggestions: First, sort out the property clues at your disposal, such as the account-opening bank, the address of the property, and the company name and shareholding situation; Second, submit a written application for investigation and evidence collection to the court, stating the items and reasons for the inquiry; Third, after the case is filed, the attorney will apply for an attorney's investigation order to inquire into the relevant institutions according to law; Fourth, fix the transfer and transaction records that have already been obtained in a timely manner, and notarize them if necessary; Fifth, if any signs of transferring property are found, apply for property preservation at the same time. Those involved in divorce and family disputes can refer to it for reference.Divorce litigation and family disputesFor matters concerning the identification and division of inherited property, you may refer to the following document for reference.Inheritance of property and division of family assetsLegal basis: Articles 1092, 1066, and 1147 of the Civil Code of the People's Republic of China (all effective from January 1, 2021), and the provisions of the Civil Procedure Law of the People's Republic of China regarding evidence and investigation (amended in 2023, effective from January 1, 2024). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, property investigation itself is not illegal. What is illegal is the means of obtaining evidence, which must follow legal procedures. Secondly, the more specific the clues are, the easier it is for the investigation application to be approved. Vague statements are less likely to gain support. Thirdly, there are two risks of obtaining others' private information without authorization: the evidence may not be admitted and the person involved may be held accountable, which is not worth the effort. Fourthly, if any transfer of property is discovered, a preservation order should be applied for simultaneously to prevent the assets from continuing to flow out during the investigation. For matters involving debts and enforcement, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementFor matters involving corporate equity and investment, you can refer to the following for reference.Business and contract disputes in enterprisesFor matters related to real estate and registration, you can refer to the following information.Real estate transactions and construction projectsFor financial assets, you can refer to the following for more information.Financial capital and cross-border transactions involving foreign countries.

VI. Frequently Asked Questions

Q1: Can I hire a private investigation company to check my spouse's bank account?

It is not recommended. Accessing others' bank accounts without legal channels may involve infringement of privacy, and the evidence obtained may not be accepted by the court; in serious cases, the person involved may even face legal liability. A safer approach is to conduct investigations and collect evidence through the court or obtain a lawyer's investigation order to legally access the information, which not only ensures the validity of the evidence but also avoids new risks.

Q2: What is a lawyer's investigation order, and how is it used?

A lawyer's investigation order is a document issued by the court at the request of the parties and their attorneys, used to obtain evidence from relevant units. After the case is registered, the attorney applies to the court and uses the order to inquire at banks, real estate registration centers, securities and insurance institutions. The inquiry results are used as evidence in litigation. Whether to issue the order is decided by the court.

Q3: Will the court help me check all the other party's accounts?

Generally, unrestricted investigations are not conducted. When applying for an investigation, you need to provide specific clues, such as the opening bank, account number, time range, or information about related transactions. The court will decide whether to conduct the investigation based on these clues. The more specific and well-reasoned the clues are, the higher the likelihood of obtaining approval. It is recommended to draft the application with the assistance of a lawyer.

Q4: Can unauthorized audio and video recordings be used as evidence?

Recording on-site during communication without intruding into private spaces or violating privacy, and without using illegal methods, can generally be used as evidence. The court will assess the validity of the evidence based on the method of obtaining it and its content. If the evidence is obtained through methods such as eavesdropping, location tracking, or trespassing into residential properties, it may not be admitted due to the illegality of the methods used, and the person responsible for obtaining the evidence may face legal liability.

Q5: How to investigate the inheritance property of the decedent in an inheritance case?

The heirs may apply to the court for investigation and evidence collection, or the attorney may apply for an investigation order to inquire into the deceased's bank deposits, real estate, securities, insurance, and other property information. The prerequisite are to provide the deceased's identity information and preliminary property clues. The specific scope and procedures shall be subject to the requirements of the accepting court.

The above Q&A is mainly based on judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.