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What evidence is needed to report cheating?
Reporting cheating requires collecting conclusive evidence to support the accusation. This evidence can be direct evidence such as photos, videos, chat records, etc., or indirect evidence such as travel records, gift purchase records, etc.
1. Direct evidence
Direct evidence is evidence that can directly prove the fact of derailment, such as:
1. Photos or videos: Photographed and third-party evidence. Intimate photos or videos of the three of them, this is the most direct and powerful evidence. However, it should be noted that when obtaining such evidence, the privacy rights of others cannot be violated, otherwise it may violate the law.
2. Chat records: including chat records of text messages, WeChat, QQ and other social software. If there are ambiguous conversations between the cheating party and a third party, they can be used as evidence.
3. Recording: If the cheating party admits his cheating during the conversation, the recording can also be used as evidence. However, recordings also need to comply with legal regulations and cannot invade other people's privacy.
2. Indirect evidence
Although indirect evidence cannot directly prove the fact of derailment, it can infer the possibility of derailment through a series of details. For example:
1. Travel records: By checking the cheating party’s travel records, such as air tickets, train tickets, hotel reservation records, etc., you can find clues that you traveled with a third party.
2. Gift purchase records: If the cheating party purchased gifts for a third party, this can be discovered through shopping records or credit card statements.
3. Witness testimony: If other people witnessed the cheating party’s cheating behavior, their testimony can also be used as evidence. However, it should be noted that the reliability of witness testimony may be questioned.
In the process of collecting evidence, you must ensure that your actions are legal and compliant, and you must not infringe on other people's privacy rights, reputation rights and other legitimate rights and interests. Otherwise, even if evidence is collected, it may be ineffective due to illegality.
At the same time, you also need to consider carefully when reporting cheating to ensure that your report is for legitimate purposes and not for malicious revenge or defamation of others. Before reporting, it is best to communicate with the cheating party and try to resolve the issue. If it cannot be resolved, consider protecting your rights through legal means.
In summary:
Reporting cheating requires collecting conclusive evidence to support the accusation. This evidence can be direct evidence such as photos, videos, chat records, etc., or indirect evidence. Such as travel records, gift purchase records, etc. In the process of collecting evidence, you must ensure that your actions are legal and compliant and do not infringe on the legitimate rights and interests of others. Before making a report, you should first try to communicate with the cheating party to solve the problem. If the problem cannot be solved, then consider protecting your rights through legal means.
Legal basis:
"Civil Procedure Law of the People's Republic of China"
Article 63:
Evidence includes:
(1) Statements of the parties;
(2) Documentary evidence;
(3) Physical evidence;
(4) ) Audio-visual materials;
(5) Electronic data;
(6) Witness testimony;
(7) Expert opinion;
(8) Inspection records.
Evidence must be verified to be true before it can be used as a basis for determining facts.
Article 1079 of the "People's Republic of China and Civil Code"
Article 1079:
If one spouse requests a divorce, the relevant Organize mediation or file divorce proceedings directly with the People's Court.
When hearing a divorce case, the people's court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.
If mediation fails under any of the following circumstances, divorce shall be granted:
(1) Bigamy or cohabitation with others;
(2) Domestic violence committed Or abuse or abandon family members;
(3) Have bad habits such as gambling and drug abuse and refuse to change despite repeated admonitions;
(4) Separated for more than two years due to emotional discord;
(5) Other situations that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court has ruled that divorce is not allowed, and the two parties have lived apart for one year, and one party files a divorce lawsuit again, the divorce shall be granted.
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