Can I record a conversation with a staff member in order to receive evidence? Is it illegal?

In order to receive evidence, it is not illegal to have a video recording of the other party agreeing to a conversation with a staff member.

Based on the Supreme People's Court's judicial interpretation on the use of secret audio and video recordings as evidence:

1. Secret audio and video recordings cannot be used as civil evidence;

2. In the criminal field, it can be used as evidence of innocence, and secret audio and video recordings obtained through legal procedures can be used as evidence of guilt;

3. In any case, as long as the other party's consent is solicited, the audio or video recording can be used as evidence;

4. The audio or video recording agreed by the other party is not illegal, and the audio or video recording that the other party has not agreed to is not illegal as long as it does not infringe on relevant rights.

For. The main reason is that audio-visual materials, as a kind of technical synthesis, rely on the assistance of certain technical equipment to be expressed, and do not directly reflect the objective facts to be proved like other types of evidence such as documentary evidence and physical evidence.

Article 63 of the Civil Procedure Law of the People's Republic of China Evidence includes:

1) Statements of the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 67: People's courts have the right to investigate and collect evidence from relevant units and individuals, and relevant units and individuals must not refuse.

The people's courts shall distinguish the authenticity of the supporting documents submitted by relevant units and individuals, and review and determine their validity.

Article 69: The people's courts shall be the basis for determining the facts of legal facts and documents that have been notarized and proved through legally-prescribed procedures, except where there is evidence to the contrary sufficient to overturn the notarized proof.

Article 71: People's courts shall distinguish the authenticity of audiovisual materials, and consider other evidence in the case to review and determine whether they can be used as the basis for determining facts.

Article 76: Parties may apply to the people's court for an evaluation on specialized issues of ascertaining facts. Where the parties apply for an appraisal, the parties are to negotiate to determine a qualified evaluator; and where negotiation fails, the people's court is to appoint one.

Hello, a distinction should be made according to criminal and civil law:

1) According to the judicial interpretation of the best people's court on the use of secret audio and video recordings as evidence, secret audio and video recordings cannot be used as civil evidence.

2. In the criminal field, it can be used as evidence of innocence, and secret audio and video recordings obtained through legal procedures can be used as evidence of guilt;

3. In any case, as long as the other party's consent is solicited, the audio or video recording can be used as evidence;

3) The audio or video recording agreed by the other party is not illegal, and the audio or video recording that the other party has not consented to is not illegal as long as it does not infringe the relevant rights.

Yes, it is not illegal, and private evidence can be used in principle, but it cannot infringe on the privacy and trade secrets of others.

For their own interests, as long as they are not disseminated, it is okay to use them to protect their legitimate rights and interests.

Not illegal, but don't spread it in society