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source:Industry News release time:2020-12-15 Article author:sznbone Popular:Prison Jamming system
Recording is hard to guard against? "Being recorded", as its name implies, refers to passively being recorded without one's knowledge. Most of the recorders have "impure motives", either for evidence collection or for other purposes. From the perspective of evidence collection in civil litigation, according to Article 63 of the Civil Procedure Law, recording evidence should belong to audiovisual materials. So which recording evidence in civil litigation will become an important basis for judges to determine the facts. Let us now Talk about the recording evidence in civil litigation.
Which recording evidence will be accepted by the judge. According to Article 104 of the Judicial Interpretation of the Civil Procedure Law, “The People’s Court shall organize the parties to cross-examine the authenticity, legality, and relevance of the evidence to be proved, and check whether the evidence is valid. Explain and debate without the force of proof and the force of proof. Evidence that can reflect the true situation of the case, is related to the facts to be proved, and whose source and form comply with legal requirements shall be used as the basis for determining the facts of the case. The evidence shall be authentic , Legitimacy, and relevance can be accepted by the court. Therefore, recording evidence should also have the above three characteristics before it can be recognized and adopted by the court.
What kind of recording evidence is deemed to satisfy the three characteristics. According to Article 15 of the Supreme People’s Court on Several Issues Concerning Evidence in the Civil Procedure Law, “If the parties use audio-visual materials as evidence, they shall provide the original carrier for storing the audio-visual materials.” Article 71 of the Civil Procedure Law "The people's court shall distinguish the authenticity of audiovisual materials, and combine it with other evidence in this case to examine whether it can be used as a basis for ascertaining facts", "Judicial Interpretation of the Civil Procedure Law," 100 Article 6 "Evidence formed or obtained by a method that seriously infringes on the lawful rights and interests of others, violates the prohibition of the law, or seriously violates public order and good customs shall not be used as the basis for determining the facts of the case". Generally, recording evidence cannot be used alone as a verdict The basis should be supported by other evidence, and the recording evidence should be provided with the original carrier, such as mobile phones, voice recorders, etc. The source of the recording evidence should be legal, and the recording evidence should not be obtained by infringing on the privacy of others, such as placing secret recording equipment in other people’s residences, workplaces, or other illegal means such as coercion, otherwise it will be deemed invalid. In addition, the recording evidence should be unprocessed, continuous, complete, and authentic, and the recorded content should be clear and accurate, and both parties have made clear the issues discussed and their statements.
How to prevent being recorded by criminals?
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