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Can the total recall of mobile phones be used as evidence?
Legal basis: the Supreme People's Court's decision on amending some provisions on evidence in civil proceedings.
Article 85 The people's court shall make a judgment according to the facts of the case proved by evidence.
A judge should comprehensively and objectively examine the evidence in accordance with legal procedures, follow the professional ethics of judges in accordance with legal provisions, use logical reasoning and daily life experience, independently judge whether the evidence has probative force, and disclose the reasons and results of the judgment.
Article 86 If the parties prove the fact of fraud, coercion or malicious collusion and the fact of oral will or gift, and the people's court is convinced that the possibility of the fact to be proved can eliminate reasonable doubt, it shall consider the fact to exist.
For the facts related to procedural matters such as litigation preservation and withdrawal of the lawsuit, if the people's court considers that the relevant facts are likely to exist in combination with the explanations of the parties and relevant evidence, it may determine that the facts exist.
Article 87 A judge may examine and determine a single evidence from the following aspects:
(a) whether the evidence is the original, and whether the copy and duplicate are consistent with the original and the original;
(two) whether the evidence is related to the facts of the case;
(3) Whether the form and source of evidence comply with the law;
(4) Whether the contents of the evidence are true;
(five) whether the witness or the person who provides evidence has an interest with the party concerned.
Article 88 A judge shall comprehensively examine and judge all the evidence of a case from the aspects of the degree of correlation between the evidence and the facts of the case and the connection between the evidence.
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