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Is the mobile phone recording material evidence?
Cell phone recordings can be used as evidence. Evidence refers to the basis for determining the facts of a case in accordance with the rules of procedure. Evidence is of great significance for the parties to carry out litigation activities, safeguard their legitimate rights and interests, find out the facts of the case according to law and make correct judgments. The problem of evidence is the core of litigation. The trial of any case needs to reproduce and restore the true face of the incident through the evidence chain formed by evidence and evidence, and the judgment based on sufficient evidence can be a fair judgment. Mobile phone recording belongs to audio-visual materials, which refers to audio, video and computer-stored materials that can be used as evidence, and is a kind of fixed evidence. More reliable, closer to the real situation. However, audio-visual materials must be reviewed before they can be recognized as evidence. Audio, video, SMS, WeChat and other electronic evidence can be used as the basis of judgment, but in litigation activities, it is generally necessary to have the following three characteristics to be used as evidence: First, it is objective and true. For electronic evidence, in order to ensure its authenticity, it needs to be preserved in a notary office before it can be recognized; Second, the relevance of evidence, that is, the facts as evidence not only exist objectively, but also electronic evidence such as audio and video recordings must be logically related to the facts to be ascertained in the case in order to explain the facts of the case. Third, the legality of evidence must be provided by the parties in accordance with legal procedures, legally obtained in non-private places, or investigated, collected and examined by legal organs and legal personnel in accordance with legal procedures. Article 48 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates: "All materials that can prove the facts of a case are evidence. Evidence includes: (1) physical evidence; (2) Documentary evidence; (3) Testimony of witnesses; (4) the victim's statement; (5) confessions and excuses of criminal suspects and defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, appraisals, investigations and experiments; (8) Audio-visual materials and electronic data. The evidence must be verified before it can be used as a basis for finalization. " Article 63 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "Evidence includes: (1) statements of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Records of the inquest. The evidence must be verified before it can be used as a basis for determining the facts. " Article 33 of the Administrative Procedure Law of the People's Republic of China stipulates: "Evidence includes: (1) documentary evidence; (2) Physical evidence; (3) Audio-visual materials; (4) Electronic data; (5) Testimony of witnesses; (6) statements of the parties; (7) Appraisal opinions; (8) Records of inspection and on-site records. The above evidence is verified by the court and can be used as the basis for determining the facts of the case. "
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