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Why does the court not accept recording evidence?
The reasons why the court did not accept the recording evidence are as follows:
1. It violated the privacy rights of others and the means were illegal. The evidence must be legal, and recording evidence is of course no exception. Infringing on other people's privacy is a legal reason for exclusion. Under normal circumstances, in face-to-face conversation recordings or phone call recordings, no words involving other people's privacy should appear, and remember not to use eavesdropping methods;
2. The recording evidence is incomplete. After editing and interception, the recording evidence must maintain its integrity and cannot be edited or intercepted without authorization to prevent the judge from misunderstanding that the party has taken it out of context and distorted the facts. During the case handling, it was found that some parties were clever enough to intercept long recordings. The reason for this is said In order to highlight the key points, this is a big misunderstanding;
3. Similar to a quarrel, both parties use excessive words. During the quarrel, the facts stated are most likely not true. If you plan to collect recording evidence , try to be calm and avoid verbal conflicts with the other party;
4. The original recording is deleted or the original carrier is damaged. The equipment used for recording must be preserved. Even if the recording has been copied, Do not delete it on the original carrier. The evidence is based on the original, and the copied version is essentially a copy.
"Several Provisions of the Supreme People's Court on Evidence in Civil Litigation"
Article 11: When parties provide evidence to the People's Court, they shall provide original documents or objects. If you need to keep the original evidence or items yourself or if you have difficulty in providing the originals or items, you may provide a copy or reproduction that has been verified by the People's Court as being indistinguishable.
Article 12: If movable property is used as evidence, the original object shall be submitted to the People's Court. If the original object is not suitable for removal or preservation, the party concerned may provide copies, video materials or other substitutes.
After receiving the movables or substitutes submitted by the parties, the people's court shall promptly notify both parties to go to the people's court or the preservation site for inspection.
Article 13: If the parties use real estate as evidence, they shall provide the people's court with image materials of the real estate.
If the People's Court deems it necessary, it shall notify both parties to come to the scene for inspection.
Article 14: Electronic data includes the following information and electronic files:
(1) Information published on web pages, blogs, microblogs and other online platforms;
(2) Communication information of mobile phone text messages, emails, instant messaging, communication groups and other network application services;
(3) User registration information, identity authentication information, electronic transaction records, communication records, login Logs and other information;
(4) Documents, pictures, audios, videos, digital certificates, computer programs and other electronic files;
(5) Other storage, processing and transmission in digital form information that can prove the facts of the case.
Article 15: If the party uses audio-visual materials as evidence, the party shall provide the original carrier on which the audio-visual materials are stored.
If the party uses electronic data as evidence, the original copy shall be provided. A copy made by the producer of the electronic data that is consistent with the original, or a printout directly derived from the electronic data or other output media that can be displayed and identified, is deemed to be the original of the electronic data.
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