Can surreptitiously recorded video be used as legal evidence? What are the characteristics of a vide

In order for a secretly recorded audio or video recording to become a legal basis, the following conditions must be met:

Legal analysis: In order for a surreptitiously recorded audio or video recording to become the basis for a judgment, the following conditions must be met: 1. The audio or video recording evidence must be lawfully obtained.

2. Although the audio or video recording is made without the consent of the other party, there is no infringement of the lawful rights and interests of others or violation of legal prohibitions; 3. The identity of the interlocutor in the recording is clear, the content is clear, there is no doubt, and there is no editing or other form of falsification; 4. The content of the recording is limited to civil acts or activities of legal significance related to the case; 5. The opposing party has not raised an objection or has raised an objection but has no evidence to the contrary.

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

Article 70: Documentary evidence shall be submitted in original. Physical evidence shall be submitted in its original form. If it is truly difficult to submit the original or the original, a copy, **, copy, or excerpt may be submitted. Submission of foreign documentary evidence must be accompanied by a Chinese translation.

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.

Legal analysis: Audio recordings can also be used as evidence, depending on the circumstances.

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

Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

1) Major foreign-related cases;

2) Cases that have a major impact on group announcements in the jurisdictional area;

3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

1. Can video be used as direct evidence?

1. Video recordings can be used as direct evidence. Video is one of the types of evidence that belongs to the category of audition materials. Video footage can be used as evidence, but it cannot be used as a direct conviction.

If a criminal suspect does not admit guilt, as long as there is other evidence that can prove his criminal conduct, it can be used as evidence to carry out a conviction and search. Evidence must be verified to be true before it can be used as the basis for a verdict. As long as it is objective, the original surveillance data can be used as evidence.

According to the relationship between litigation evidence and the object of proof, it is divided into direct evidence and indirect evidence. Direct evidence is evidence that can directly prove the object of proof.

2. Legal basis: Article 66 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.

2. What is the direct evidence?

1. Statements of the parties;

2. Witness testimony that can prove the main facts of the case;

3. Documentary evidence that can prove the main facts of the case;

4. Audio-visual materials that can prove the main facts of the case;

5. In Zheng Li's specific circumstances, physical evidence that can directly prove who committed the criminal act.

Legal analysis: The question of "whether video recordings can be used as direct evidence" needs to be judged based on actual cases, and according to relevant laws and regulations, video recordings are a kind of audio-visual materials and can be used as evidence in litigation. However, whether the video can be used as direct evidence depends on what the facts are to be proved.

Combined with the specific circumstances of different cases, there will be differences, that is, the video may be direct evidence or indirect evidence.

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.

Criminal Procedure Law of the People's Republic of China: Article 50: Materials that can be used to prove that a case has been completed late, 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) Audio-visual materials and electronic data.

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

Secretly recorded video recordings can be used as evidence if they meet the following conditions:

1. The way to obtain the video is lawful and does not harm the interests of others.

2. The identity of the interlocutor in the video is clear, the content is clear, there is no doubt that the first point is missing, and it has not been edited or falsified in other forms.

3. The content of the video is related to the case.

4. The opposing party has not raised an objection or has raised an objection but does not have sufficient evidence to the contrary.

1. Is the audio or video recording of the two parties without their names really valid?

Recordings without the names of both parties are valid.

In order for recorded evidence to be legally valid, the following three conditions must be met at the same time:

First, the recording evidence presented by the parties has not been edited, edited, or forged, is closely connected, and the content has not been tampered with, and has objective authenticity and coherence.

Second, the acquisition of audio recording evidence must comply with the provisions of the law.

The third is that the other party does not raise a refutation or the reasons for the refutation are not established.

2. Whether the recording can be used as evidence for divorce.

Evidence obtained through private audio recording in the course of negotiations with the other party is not illegal and can be used as evidence, but whether the case can be decided must be comprehensively considered in light of the facts of the case and other evidence in the case. It is a mistake to think that private recordings are illegal, and of course may result in invalidity if the means or process of recording involve illegal means. According to Article 70 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings:

Where one party submits the following evidence, and the other party raises objections 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 that is verified with the original documentary evidence; (2) The original physical evidence or the original copies of the physical evidence, **, video materials, etc.; (3) Audio-visual materials that are supported by other evidence and obtained by lawful means, or copies that are verified to be correct with the audio-visual materials.

Article 63 of the Civil Procedure Law, 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.

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

In order for a secretly recorded audio or video recording to become the basis for a judgment, the following conditions must be met: 1. The audio or video recording evidence must be lawfully obtained. 2. Although the audio or video recording is not made with the consent of the other party, there is no infringement of the lawful rights and interests of others or violation of legal prohibitions; 3. The identity of the interlocutor in the recording is clear, the content is clear, there is no doubt, and it has not been edited or falsified in other forms; 4. The content of the recording is limited to civil acts or activities of legal significance related to the case; 5. The opposing party has not raised an objection or has raised an objection but does not have sufficient evidence to the contrary.

Legal basis. Article 70 of the Civil Procedure Law of the People's Republic of China (2017 Revision) The original copy of the best evidence rules and documentary evidence shall be submitted. Physical evidence shall be submitted in its original form.

If it is really difficult to submit the original or the original, you can submit a copy, **, pickpocket's copy, or excerpt. Submission of foreign documentary evidence must be accompanied by a Chinese translation.