1, photos: various photos showing the intimate relationship between the spouse and the third party;
2. Recording: Recording that can prove that the spouse has an extramarital affair with a third party, such as the spouse admitting to having an extramarital affair with a third party during the conversation with the spouse;
3. Videos: various videos showing the extramarital relationship between spouses and third parties;
4. SMS: SMS about an extramarital affair between a spouse and a third party. Sometimes, spouses and themselves, and third parties and themselves may contact each other through SMS. When it comes to extramarital affairs, such messages can be kept as evidence.
5. E-mail: Sometimes a spouse will contact a third party by e-mail, and it will also involve extramarital affairs. Some parties will also print out the contents of the email as evidence and submit it to the court, while others will keep electronic evidence through notarization. However, it is very difficult to use e-mail as evidence of extramarital affairs, because it can confirm who the sender and the recipient are, and it can only be used as auxiliary evidence to help the witness form a complete chain of evidence;
6. Written materials admitted by the spouse and the third party: As we often encounter in cases, the party who has an extramarital affair has written a letter of guarantee to the spouse to ensure that it will never have an extramarital affair with XXX again. Such written materials can also help prove that the spouse has an affair.
Gather many people to break into other people's houses, etc. Not only will the court not accept the letter, but it is also an infringement in law:
1. The injured party should not quarrel with your spouse, but talk to him strategically and say that he should be given a chance to admit his mistake. You can record during this period as evidence for future litigation. If you can, you can also ask him to write a repentance book, stating his relationship with whom. This is a more direct evidence.
The injured party can move out for a period of time. In the meantime, you can install video equipment at home, and sometimes you can record a lot of useful evidence, but it is not illegal to install video equipment at home, so it is a good method. In addition, you can also pay close attention to their actions and find that they enter your house together at night and turn off the lights to rest. You can find more than two people to go home with you, nominally taking things but actually taking pictures of rape.
To sum up, in the investigation and evidence collection of an affair, we should ensure the legitimacy and effectiveness of the evidence collection process and avoid taking extreme methods to collect evidence. Otherwise, once personal rights and interests are infringed, the court will not accept it.
Legal basis:
Article 63 of the Civil Procedure Law of People's Republic of China (PRC)
Evidence includes:
(a) Statements of the parties;
(2) Documentary evidence;
(3) Physical evidence;
(4) Audio-visual materials;
(5) Electronic data;
(6) Testimony of witnesses;
(7) Appraisal opinions;
(8) Records of the inquest.
Evidence must be verified before it can be used as a basis for ascertaining facts.