Does evidence of recordings without the consent of the other party have legal effect

In the consultation, many people will have a question, that is, "Can evidence of private recording without the consent of the other party be admissible by the court?" i.e. does it have legal effect? According to the Provisions on Evidence in Civil Procedure, evidence obtained by means that infringe upon the lawful rights and interests of others or violate prohibitive provisions of law cannot be used as the basis for assessing the facts of a case.

Therefore, whether the collection of audio-visual materials is legal depends on whether it infringes upon the legitimate rights and interests of others or violates the prohibitions of the law. In practice, the court admits more and more audio evidence, provided that it does not harm the legitimate rights and interests of the other party. Therefore, we can consider that the act of collecting evidence through audio recording is legal and valid as long as it does not harm the legitimate rights and interests of the other party or violates the prohibitions of the law.

Regarding the Approval of the Failure to Use the Materials Obtained by Recording the Conversation Without the Consent of the Other Party as Evidence", it is held that the recording of the conversation recorded without the consent of the other party is not legal and cannot be used as evidence.

This is the first exclusionary rule on the use of illegal evidence in our jurisdiction. From the perspective of trial practice, the exclusionary rule established by this judicial interpretation is too strict for civil evidence, because not only is it extremely rare for one party to agree to the other party recording its conversation in practice, but according to the spirit of this Reply, even if the adjudicator is convinced of the authenticity of the evidence, he cannot protect the right holder.

In December 2001, the Supreme People's Court, proceeding from the judicial purpose of balancing substantive and procedural justice, promulgated the Several Provisions on Evidence in Civil Proceedings, Article 68 of which clearly limits the scope of illegal evidence to:

Evidence obtained by methods that infringe upon the lawful rights and interests of others or methods that violate the prohibitions of law"The former includes evidence obtained by acts of detention or coercion that infringe upon the lawful rights and interests of others, and the latter includes evidence obtained by all methods that violate the prohibitive provisions of the law.

Article 70 of the above-mentioned "Provisions" further clarifies the proposal of one party"Audio-visual materials that are supported by other evidence and obtained by lawful means, or copies that have been verified against the audio-visual materials"Where the opposing party raises an objection but does not have sufficient evidence to the contrary, the people's court shall confirm its probative force.

Therefore, it is at least incomplete to treat covert recordings as evidence that cannot be recognized by the people's courts.

Privately obtained recordings can be used as evidence. The specific effect should also be judged in combination with the content.

Legal Analysis:1The audio and video recordings were secretly recorded without the permission of the other party, and it was illegal to obtain them.

should be excluded; 2. The audio and video recordings occur under the circumstance that the party secretly recording has prepared in advance, and there is a definite inducement, which is not the true intention of the other party, and does not have objectivity: 3Audio or video recordings have been edited, tampered with, or are mere clips, and cannot reflect the facts; 4. Unauthorized audio and video recording constitutes an infringement of the privacy of the other party.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 63: Evidence includes: (1) the parties' statements; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) 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 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.

1. Can audio recordings without the consent of others be used as evidence?

1. Recordings without the consent of other rubber dismantlers cannot be used as evidence. The method of obtaining the recording shall be lawful. The recording process is to be conducted in a reasonable place, and eavesdropping cannot be used to eavesdrop on the privacy of others and infringe on the privacy of others.

The content of the recording should be truthful and completely coherent, no one should edit it, and the other party's remarks during the recording should be a true expression of meaning.

2. Legal basis: Article 23 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings.

People's courts investigating and collecting audiovisual materials and electronic data shall request that the person being investigated provide the original carrier.

If it is difficult to provide the original carrier, a copy may be provided. Where a copy is provided, the people's court shall explain it and the process of making it in the investigation record.

Where people's courts employ evidence preservation measures for audiovisual materials or electronic data, apply the provisions of the preceding paragraph.

Article 24.

People's courts investigating and collecting evidence that may need to be evaluated shall comply with relevant technical specifications to ensure that the evidence is not contaminated.

2. What should be paid attention to when collecting audio evidence.

The following points should be noted when collecting audio evidence:

1. It should be collected by legal means;

2. There should be some basic elements in the content of the conversation;

3. Recording evidence collection should be done as soon as possible;

4. Set the key points of the conversation according to the facts of the case;

5. The facts to be fixed in the recording and evidence collection are not the views of all parties on the facts.

In fact, a recording without the consent of the other party cannot be used as evidence, but it is treated differently in different circumstances, and we still need to determine whether the recording can be used as evidence according to the specific circumstances. If the recording wants to be used as evidence, it must meet some conditions, first of all, it does not infringe on the legitimate rights and interests of others, nor does it violate the prohibitions of the law, which is not an illegal act, and it can also be provided to the court as evidence. <>

Usually when I eat melons in the entertainment industry, I actually hear all kinds of recordings, and when I hear the recordings, I really feel that my three views are shocked. But on the other hand, why do these people have such complete recordings? Is it because he had such a mentality at the beginning, so he started recording, but some people do record because of habit, or because life compels them, in this case, the recording can actually be turned into evidence and presented to court.

Whether a recording without the consent of the other party can be used as evidence depends on whether the recording infringes on the legitimate rights and interests of others and whether it violates the law. <>

If there is no violation or infringement of the legitimate rights and interests of others, this recording can be provided to the court as evidence. But not everything can be determined by just one recording, so we try to have other evidence to corroborate it, so that we can achieve the results we want to achieve. But I think it's particularly scary to record it often in my life, and it's obviously a relatively private conversation, but these conversations may be made public at any time, and I feel goosebumps when I think about it.

We try to keep the habit of recording when we play ** with other people, but there is no need to turn on the recording during the process of talking to others, after all, some things really can't be transmitted. I also hope that everyone can think twice when talking to others, know what to say and what not to say, and don't affect their future development because of one of their wrong words.

It cannot be used as evidence, because the recording without the consent of the other party is the privacy of the other party, and if evidence is made, it violates the legitimate rights and interests of the other party. There will also be follow-up lawsuits.

Whether a private recording without the consent of the other party can be used as evidence should be analyzed in light of the actual situation to determine whether it is legal, if it is illegally obtained, it cannot be used as effective evidence, and if it is recorded in a public place and does not violate the privacy of the other party, it can be used as effective evidence.

It can certainly be used as evidence, but such an act has violated the relevant laws. It may also be that personal privacy has been touched, but it is useful in court and can be used as evidence.

cannot be used as evidence; Because it is illegal to record without the consent of the other party, such evidence will generally not be used.

Recordings made without the consent of others may be used as evidence when they do not harm the lawful rights and interests of others or the public interest. The types of statutory evidence include physical evidence; documentary evidence; witness testimony; victim statements; confessions and justifications of criminal suspects and defendants; Appraisal opinions; Records of inquests, inspections, identifications, and investigative experiments; Audiovisual materials, electronic data.

Article 50 of the Criminal Procedure Law can be used to prove the facts of a case, and all materials are evidence. Evidence includes: (1) physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) Confessions and justifications of criminal suspects or defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; (8) Listen to the judgment of Zibi and electronic data.

Evidence must be verified to be true before it can be used as the basis for a verdict.

Recordings can be used as evidence in litigation. Recordings obtained by lawful means may be used as evidence. If the evidence is gathered by torture or other illegal methods, it shall be excluded.

Where the collection of physical or documentary evidence does not comply with legally-prescribed procedures, and the sale of physical or documentary evidence might seriously impact judicial fairness, it shall be supplemented and corrected or a reasonable explanation shall be made; If it cannot be corrected or the limb is deficient and a reasonable explanation is given, it cannot be used in the cavity.