Is the recorded material legal evidence?
According to the provisions of China's civil procedure law, evidence includes statements of the parties, witness testimony, audio-visual materials and so on. , and audio-visual materials is a kind of audio-visual materials. According to the law, the evidence must be legally obtained, and the evidence provided by the parties must be verified before it can be used as the basis for ascertaining the facts. The Supreme People's Court's "Several Provisions on Evidence in Civil Proceedings" stipulates that evidence obtained by infringing upon the legitimate rights and interests of others or violating the prohibitive provisions of the law cannot be used as the basis for determining the facts of a case. Therefore, even the information obtained by recording the conversation without the consent of the other party can be used as evidence unless it is obtained by infringing on the legitimate rights and interests of others or violating the prohibitive provisions of the law. Problems needing attention when recording as divorce evidence: 1. The recorded evidence presented by the parties is true. 2. Record the legality of the evidence. 3. The other party agrees with the recorded data, or although there is not enough evidence to prove it, the reasons for rebuttal are untenable. Legal basis: Article 68 of the Provisions of the Supreme People's Court on Evidence in Civil Proceedings: Evidence obtained by infringing upon the lawful rights and interests of others or violating the prohibitive provisions of the law cannot be used as the basis for ascertaining the facts of a case. Article 70 of "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" If one party presents the following evidence, but the other party raises an objection but there is no evidence to the contrary, the people's court shall confirm its probative force: (1) the original documentary evidence or copies, photos, duplicates and excerpts consistent with the original documentary evidence; (2) Original material evidence or photocopies, photos, video materials, etc. Consistent with the original material evidence; (3) Legally obtained audio-visual materials supported by other evidence, or copies confirmed with the audio-visual materials; (4) The parties shall show the material evidence or the on-site inspection record to the people's court in accordance with legal procedures.