Excuse me, can mobile phone recordings be used as evidence?

Evidence of mobile phone recordings can be used as evidence, but other witnesses and documentary evidence are required.

Here are 5 things you should pay attention to during the recording process:

1) The identities of the parties to the recording should be reflected in the recording, because only when the subject is determined first, can we talk about proving the relationship between the two parties and what happened through the recording. Otherwise, if you don't even know the identity of the other party, the recorded audio will naturally be useless;

2) The time of the recording should also be reflected in the recording, not necessarily very clearly stated in the recording, but at least it should be able to hear the approximate time, or be able to deduce the time logically, or be able to arrange the sequence of events according to the content of the recording;

3) Lead the other person to speak.

useful". Don't talk about things that don't matter in the recording, and if the topic goes too far, pull it back right away. The purpose of the recording is to correct the missing evidence or facts, so before the recording, you should sort out what the other party should say, admit, and defend, and list it in writing if necessary to avoid omissions.

Set appropriate questions to ask the other person based on such a goal, and lead the other person to the main topic, so as to get what you need;

4) Make the other person talk more. The author found that many recorders are prone to make mistakes, that is, once they negotiate with the other party, it is difficult to control their emotions, and once the conversation box is opened, they will talk endlessly, and they will not let the other party interject. What's more, when the other party is speaking, he suppresses the other party with louder volume and more fierce words, and completely forgets that he is recording and the purpose of recording, and as a result, he listens to it after recording and finds that the recorded sound is not useful at all, because the other party did not say a few useful words, they are all saying it themselves;

5) The original of the recording should be kept, and should not be modified, edited or moved for storage. Recording equipment has a certain capacity, in order to save space, some people move the recorded audio files to computer hard disks, discs and other storage devices, but he ignores the provisions of the law, probably because of his seemingly inconsequential behavior, resulting in the entire recording evidence losing its validity, the audio file is not the original after being cut and pasted in the process of moving, even if it is moved back, it cannot be changed back to the original. Enterprise Law Network.

If the four conditions are satisfied, it is valid evidence. 1.Reasonable and lawful places to obtain, and no eavesdropping.

2.It must be a genuine expression of intent and must not be coerced. 3.

The recording must be coherent and the conversation clear and recognizable. 4.There must be other evidence to corroborate each other.

Legal analysis: Audio recordings can also be used as evidence. But it depends.

If the evidence obtained by means of infringing upon the lawful rights and interests of others or violating the prohibitive provisions of the law cannot be used as the basis for determining the facts of the case, on the contrary, if the audio or video recordings without the consent of the relevant parties do not infringe upon the lawful rights and interests of others, nor do they violate the prohibitions of the law, then the audio and video recordings can be used as the basis for the verdict of the case.

Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China Evidence includes: (1) the statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records.

The evidence must be verified to be true before it can be used as the basis for determining the facts.

Legal analysis: Audio recordings can also be used as evidence. But it depends.

If the audio or video recordings without the consent of the relevant parties do not infringe upon the lawful rights and interests of others, nor do they violate the law's prohibition of simplicity, the audio or video recordings may be used as the basis for a verdict.

Legal basis: 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;

(5) Electronic data;

(6) Witness testimony;

(7) Appraisal opinions;

(8) Inquest records. The evidence must be verified to be true before it can be used as the basis for determining the facts.

Mobile phone call recordings can be used as evidence. Recordings of mobile phone calls are audio-visual materials in the category of statutory evidence. If it is evidence collected in accordance with law, it is relevant to the facts of the case, has authenticity and objectivity, and may be used as evidence after being verified to be true.

[Legal basis].Article 63 of the Civil Procedure Law of the People's Republic of China.

Evidence includes: (1) statements by the parties;

(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 64 of the Civil Procedure Law of the People's Republic of China.

It is the responsibility of the parties to provide evidence for their own claims.

Article 71 of the Civil Procedure Law of the People's Republic of China.

The people's courts shall distinguish the authenticity of the audiovisual materials, and consider them with other evidence in the case to review and determine whether they can be used as the basis for determining the facts.

The audio evidence presented by the parties is genuine; the legitimacy of the recording evidence; Where the other party agrees with the audio recording, or refutes but does not have sufficient evidence to prove it, the reasons for the rebuttal are not established. The timing of the recording should also be reflected in the recording, not necessarily very clearly stated in the recording, but at least it should be able to hear the approximate time, or be able to logically deduce the time, or be able to arrange the sequence of events according to the content of the recording.

[Legal basis].

Reply of the Supreme People's Court on Whether Materials Obtained by Recording Without the Consent of the Other Party Can Be Used as Evidence

The Supreme People's Court requires that the acquisition of evidence must first be lawful, and only evidence obtained through lawful channels can be used as the basis for a verdict.

Failure to understand means that it is illegal to record the conversation without the consent of the other party, and the audio recording materials of this method cannot be used as evidence, or the evidence is flawed and cannot be used by the court.

1. The scope of evidence provided for in the Civil Procedure Law.

Article 63.

Evidence includes: (1) statements by the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records.

1. Objective authenticity, in order to ensure the authenticity of electronic evidence, if the other party does not recognize it, it is necessary to go to the notary office for the preservation of electronic evidence before it can be recognized;

2. The relevance of evidence, which means that the facts used as evidence are not only an objective existence, but also that the electronic evidence such as audio and video recordings must be logically related to the facts to be ascertained in the case, so as to be able to explain the facts of the case.

3. The legitimacy of evidence, which must be provided by the parties in accordance with legal procedures, legally obtained in non-private places, or investigated, collected and reviewed by statutory organs and legal personnel in accordance with legal procedures.

According to the provisions of the Civil Procedure Law of the People's Republic of China, evidence includes the statements of the parties, witness testimony, audio-visual materials, etc., while audio recordings are a kind of audio-visual evidence. According to the law, the acquisition of evidence must be lawful, and the evidence provided by the parties must be verified as true before it can be used as the basis for determining the facts. The Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings provides:

Evidence obtained by methods that infringe upon the lawful rights and interests of others or violate prohibitive provisions of law cannot be used as the basis for determining the facts of a case. Therefore, even if the materials obtained by recording the conversation without the consent of the other party are obtained, unless they are obtained by infringing on the legitimate rights and interests of others or violating the prohibitions of the law, the recording can be used as evidence. Points to note when using audio recordings as evidence for divorce:

1. The audio evidence presented by the parties is true. 2. Legitimacy of recording evidence. 3. The other party agrees with the recording materials, or although it refutes it, there is no sufficient evidence to prove it, and the reasons for the refutation are not established.

Legal basis: Article 68 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings provides that evidence obtained by methods that infringe upon the lawful rights and interests of others or violate prohibitive provisions of law cannot be used as the basis for determining the facts of a case. Article 70 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" provides that where a party raises objections to the following evidence submitted by the other party but does not have sufficient evidence to refute the contrary, the people's court shall confirm its probative force:

1) The original documentary evidence or a photocopy, **, duplicate, or excerpt of the original documentary evidence; (2) The original physical evidence or the reproductions, **, video materials, etc., that have been verified with the original physical evidence; (3) Audio-visual materials that are supported by other evidence and obtained by lawful means, and which are beyond doubt, or copies that have been verified with the audio-visual materials; (4) A record of the physical evidence or the inquest of the scene made by the people's court in accordance with legally-prescribed procedures upon application by one party.

Whether it is a mobile phone or a voice recorder, ordinary recordings are flawed as evidence, we know that audio files are easy to tamper with, and there are many audio editing software on the Internet, and the recording is always suspected of modifying the evidence in the hands of the parties. It is generally recommended to use a third-party platform for recording and storing it separately to ensure the objectivity and authenticity of the recording file, and be sure to use formal mainstream recording software, such as: mobile notarization, this is a third-party forensics platform, the recording is stored in the cloud independently, and cannot be modified.

If the four conditions are satisfied, it is valid evidence. 1.Reasonable and lawful places to obtain, and no eavesdropping.

2.It must be a genuine expression of intent and must not be coerced. 3.

The recording must be coherent and the conversation clear and recognizable. 4.There must be other evidence to corroborate each other.

No. The document is the three-pack certificate. If the other party does not fulfill their promises, you can only claim rights with the documents.

Hello landlord, can be used as evidence,