Is it illegal to record at home, and is it legal and valid to record at someone else s home

Do not break the law.

1 The location is in the house, of course, no problem.

2. If you find out that your mother-in-law is at your house, you are acting suspiciously, and you are doing something appropriate.

3 Your mother-in-law did abuse your baby, so that's even more fine.4 You can use this evidence to sue her in court.

5 This is not good for your baby for a long time.

6 Hurry up and do your father's duty.

It shouldn't matter, but it's best to consult the law.

It is difficult for relatives and officials to decide family affairs, and it is morally unjustifiable.

In the current laws of our country, there is no explicit clause that mentions the word "privacy".

3. Illegally stalking others, monitoring others' residences, installing eavesdropping equipment, taking private footage of others' private lives, and spying on others' indoor conditions.

Therefore, your actions do not constitute an invasion of privacy.

But I think your situation is still up for debate.

The so-called mother-in-law abused the baby, I don't know what you heard. I guess it was the child who was naughty or crying, and was reprimanded or scolded by his mother-in-law. Maybe our new generation of parents feel that they should not treat their children like this, but in the concept of the older generation, teaching children is a normal thing, so it should not be said to be abuse, even if you go to court, if there are no worse circumstances, the judge will not convict the mother-in-law of child abuse.

Secondly, if you only want to be private, I don't think this recording alone is enough. If your mother-in-law is unreasonable and will mess with you (which is common among older women), you must have more conclusive evidence, such as the child's scars, the child's own account (of course, your child can't speak yet :)) and better if there is video footage.

So I advise you not to rush and confirm the situation further before you see whether it is an ordinary "lesson" or a real "abuse". If it's the former, it's just a matter of perception, let's sit down and talk about it. If it is the latter, obtain more and stronger evidence, and argue for it.

Legal analysis: Unauthorized recordings generally cannot be used as evidence, but if the private recordings are not obtained in a way that infringes upon the legitimate rights and interests of others or violates the prohibitions of the law, the recordings can be used as evidence.

Legal basis: "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" Article 68: Evidence obtained by methods that infringe upon the lawful rights and interests of others or violate prohibitive provisions of law cannot be used as a basis for determining the facts of a case, and no evidence, including private recordings, may not be obtained by methods that infringe upon the lawful rights and interests of others or violate prohibitive provisions of law, otherwise it will be excluded as illegal evidence. Therefore, for a private recording to be used as evidence, two conditions must be met:

1. The acquisition of recording evidence must comply with the provisions of the law, and must not infringe upon the legitimate rights and interests of others or violate the prohibitions of the law; 2. The recording evidence must be supported by other evidence, and cannot be used as evidence alone. In judicial practice, the determination of whether a private recording is illegal is mainly based on whether the act of recording violates the lawful rights and interests of others or the prohibition of the law. The following situations are common.

1. It is not illegal to record conversations on general occasions. 2. If a bugging device is secretly installed in someone else's home for secret recording, it is obviously a violation of the privacy of others, and such a recording is illegal. 3. It is illegal to record on occasions where existing laws and regulations clearly prohibit recording.

For example, if the relevant meeting of a party or government organ has announced that audio and video recording is prohibited, the audio recording obtained on such an occasion is illegal.

1. Does private recording have legal effect?

1) The method in which the recording was obtained shall be lawful, and recordings made in a private place, involving the privacy or commercial secrets of others, are illegal evidentiary materials and may constitute a crime;

2) The other party's remarks must be true expressions of meaning, and there is no coercion or threat from others at all, then it is valid.

2. Legal basis: 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.

The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.

The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

II. What are the requirements for the collection of evidence in criminal proceedings?

1. Rules for comprehensive evidence collection. That is, when judicial personnel collect evidence, they should collect as comprehensively as possible, all factual materials that can prove the true circumstances of the case, and the form of evidence should not only exhaust the seven forms of evidence, but also comprehensively collect as much as possible the evidence materials of the defendant's guilt, innocence, minor crime, and serious crime. Only in this way can the facts of the case be ascertained more clearly, which is also the premise of ensuring the correct judgment of the case;

2. The rules for lawful evidence collection require that the subject of evidence collection is legal, the procedures are lawful, and the methods are appropriate. The subject lawfully requests that the person collecting the evidence must have a lawful identity. If witness testimony is collected, it must be obtained by two or more judicial personnel; Defense lawyers must obtain permission from the people's courts to collect materials related to the case from victims, their close relatives, and witnesses provided by victims.

When judicial personnel make copies, reproductions, photographs, video recordings of documentary evidence, and audio recordings of relevant evidence, there must not be less than two producers. A person who is physically or mentally deficient or too young to distinguish between right and wrong, or who cannot express himself correctly cannot be a witness. Procedural legality requires that evidence must be collected in accordance with legal procedures or methods;

3. Oppose the rule of forced self-incrimination. As long as the authenticity, legitimacy and relevance of the private recording can be guaranteed, then such a recording can still be used as evidence in the case. However, since private recording may infringe on the privacy of others, it is important to be cautious when making recordings.

Legal analysis: Whether the evidence collection is lawful is limited to whether it infringes upon the legitimate rights and interests of others or violates the prohibitions of the law. Evidence obtained through wiretapping devices prohibited by law is not legal, because the means of collecting evidence are not legal, as long as it is not illegal, the audio data recorded by oneself can be used as evidence and has probative force.

Legal basis: Several Provisions on Evidence in Civil Proceedings

Article 68: Evidence obtained through methods 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.

Article 70: Audio-visual materials that are supported by other evidence and obtained by lawful means, or copies that have been verified to be correct with the audio-visual materials.

Legal Analysis: Do not break the law.

Legal basis: Article 1032 of the Civil Code of the People's Republic of China provides that natural persons enjoy the right to privacy. No organization or individual may infringe upon the privacy rights of those who are stupid by means such as spying, intrusion, leaking, or disclosure.

Privacy refers to the tranquility of a natural person's private life and the private space, private activities, and private information that he or she does not want others to know.

Legal analysis: The act of private recording by the parties is to preserve the evidence of the facts that the other party admits to be dusty. However, the method of obtaining the recording must be lawful, the content of the recording must clearly point to the facts to be proved, and the recording must also form a mutually corroborating chain of evidence with the evidence sent by the person to be proven, so as to be an effective basis for determining the facts.

Legal basis: "Several Provisions on Evidence in Civil Proceedings" Article 68: 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 assessing the facts of a case.