In the past, the Supreme People's Court replied that the information obtained by recording the conversation without the consent of the other party could not be used as evidence, and asked that the recorded evidence should be recorded with the consent of the other party, but now this provision has become invalid.
According to Article 68 of the Supreme People's Court's Several Provisions on Evidence in Civil Litigation, which came into effect on April 1 2002, except for evidence obtained by infringing on the legitimate rights and interests of others (such as infringing on public interests, social morality and privacy of others) or violating the prohibitive provisions of the law (such as installing a bug in other people's residence without authorization), other circumstances shall not be considered as illegal evidence.
This means that audio-visual materials such as audio recordings obtained by legal means have evidential effect. ?
Extended data:
Audio-visual materials, also called "audio-visual materials". Refers to information materials such as sound, image and data recorded and reproduced by means of electromagnetic, photoelectric and electronic computer equipment. China's Civil Procedure Law and Administrative Procedure Law define audio-visual materials as an independent form of litigation evidence. In the practice of criminal proceedings, especially in criminal investigation, it is also widely used.
It can be divided into recording, video recording, computer data and information provided by infrared, neutron beam, laser and other testing instruments. When using, it is necessary to check whether there are errors in information storage, output and conversion, and whether the information content has been tampered with artificially.
1. Audio-visual materials are carriers with certain scientific and technological contents;
Second, it has a high degree of accuracy and realism;
The third is dynamic and intuitive;
Four, the collection and review of audio-visual materials need to rely on science and technology.
According to the legal interpretation of audio-visual materials, the Supreme People's Court's "Several Provisions on Evidence in Civil Proceedings" stipulates that audio-visual materials with doubts cannot be used as the basis for determining the facts of a case alone. The information obtained by recording the conversation without the consent of the other party can still be used as the basis for determining the facts of the case as long as it is not obtained by infringing on the legitimate rights and interests of others (such as privacy) or violating the prohibitive provisions of the law (such as eavesdropping).
Baidu encyclopedia: audio-visual materials