According to judicial practice, the hotel room opening record can be used as indirect evidence and reference for one spouse to have an extramarital affair.
Lawyer Analysis According to the rules of evidence in China, evidence in litigation needs to meet the following conditions before it can be recognized by the court:
First of all, the evidence needs to be objective and true.
The objective authenticity of evidence means that the factual materials as evidence must exist objectively. This requires that the parties must provide true evidence to the people's court when giving evidence, and must not forge or tamper with the evidence. In the event of a divorce dispute, the hotel opening records obtained by one spouse are often obtained through the internal relations of the public security system or through social investigation companies, so such hotel opening records are often not stamped by the company, and it is difficult to prove the objectivity and authenticity of such hotel opening records. Of course, if the parties can hire a lawyer to apply to the court for an investigation order according to the hotel opening record without company seal, then the hotel opening record obtained according to the investigation order will be objective and true.
Second, the evidence needs to be relevant.
The relevance of evidence means that evidence must be intrinsically related to the facts to be proved in the case. In other words, only the factual materials that help to identify the facts of the elements have legal significance. As for the hotel check-in records, they are only indirectly related to the extramarital affairs of one spouse, and cannot directly prove that one spouse has extramarital affairs or has extramarital sexual relations with others, because they may be used for extramarital affairs, business trips and work negotiations.
Third, the evidence needs to be legitimate.
The legality of evidence means that the factual materials as the basis of the case must conform to the legal form of existence, and the applicable processes and procedures such as obtaining, providing, examining, preserving, identifying and cross-examining evidence must also conform to the legal provisions. Specific to the hotel opening records, the hotel opening records obtained by one spouse are often obtained through relationships or social investigation companies. Because the privacy of citizens is involved, the legitimacy of the evidence often has certain defects.
To sum up, the hotel check-in record can be used as indirect evidence of one spouse's extramarital affairs, but the party providing the evidence must prove the authenticity and legality of the evidence, and at the same time, it must be combined with other evidence to determine that it has had an extramarital affair with a third party.