On April 1 2002, the Supreme People's Court promulgated the Provisions of the Supreme People's Court on Evidence in Civil Proceedings, which revised the validity of recorded evidence.
According to the exclusionary rule of illegal evidence in Article 68 of the Provisions of the Supreme People's Court on Evidence in Civil Proceedings, except for evidence obtained by infringing upon the legitimate rights and interests of others (such as public interests, social morality and privacy of others) or by using methods that violate the prohibitive provisions of the law (such as installing * eavesdropping in other people's residence without authorization), other circumstances shall not be considered as illegal evidence.
Therefore, without the consent of the other party, the conversation is recorded privately, and the legality of the recorded evidence is confirmed.
Article 69 stipulates that audio-visual materials with doubts cannot be used as the basis for determining the facts of a case alone.
On the contrary, there is no doubt that audio-visual materials can be used as the basis for determining the facts of a case alone. Of course, while obtaining the recorded evidence, it should also be supported by other evidence as far as possible to enrich its probative force.
Extended data:
Legality of records
As for the recorded evidence, if the holder of the recorded evidence uses the recorded evidence that infringes on the privacy of others or violates the prohibitive provisions of the law, such as recording the privacy of others or eavesdropping on the recorded materials obtained at his work or residence, it will still be excluded from use.
However, it proves that the "audio-visual materials supported by other evidence and obtained by legal means, or copies confirmed with audio-visual materials" stipulated in Article 70 of the Rules of Evidence in Civil Procedure is effective. To make the recorded evidence the basis of the judgment, two conditions must be met:
1. The acquisition of recorded evidence must comply with the law. At that time, the conversation between the two sides was unrestricted. It is a conscious expression of freedom, goodwill and necessity, in order to protect the legitimate rights and interests of the parties and find out the true situation of the case;
2. The recorded evidence has good recording technical conditions, the speaker's identity is clear, the content is clear, objective, true and coherent, and it has not been edited or forged, and the content has not been changed. There is no doubt that it is supported by other evidence.
References:
Baidu Encyclopedia-Some Provisions of the Supreme People's Court on Evidence in Civil Litigation