Is recording illegal? Stealing?

As long as the tape recorder has something to do with the recorded sound, it is not illegal. If it doesn't matter, it is illegal for the recorded party to commit or start committing illegal acts, which can be used as evidence, provided that the recording has not been processed.

In order to make the recorded evidence legally effective, the following three conditions must be met at the same time:

First, the recorded evidence produced by the parties has not been spliced, edited or forged, and it is closely connected before and after, and the content has not been tampered with, which is objective, true and coherent.

Second, the acquisition of recorded evidence must comply with the law. Recording evidence holders who use methods that infringe on others' privacy or violate the prohibition of laws, such as eavesdropping in their workplaces or residences, are evidence obtained in violation of the prohibition of laws and cannot be used as litigation evidence.

Third, the other party did not refute or the reasons for rebuttal were not established. When the court takes the recorded evidence as the basis for judging a case, it should also examine whether there are doubts about the recorded evidence. If the other party questions the recorded data and provides sufficient evidence to refute it, then the recorded evidence will lose its probative force; If there is not enough evidence to refute it, the court shall confirm the probative force of the recorded evidence.

In addition, when collecting the required evidence by stealing records, we should try to use advanced recording equipment. In the actual operation process, we should try to choose a place with less noise interference for recording. When secretly recording, you should first show your identity and recording time, and skillfully guide or prompt the other party to show your identity, so as to enhance the credibility of the evidence.

Can the recording be used as legal evidence? If the recording wants to become legal evidence, it must be combined with the actual situation, otherwise the collected evidence is useless and harmful to itself. I feel that my rights and interests have suffered a lot in dealing with legal disputes. I suggest that you can travel to China. Please consult a lawyer to find a suitable solution.

As long as there are no illegal means and forms, and there is no violation of national interests, social interests or the legitimate rights and interests of others, the recording behavior should be legal and effective. The existing regulations on evidence in civil proceedings clearly stipulate this, and the judicial interpretation of 1995 conflicts with it and is no longer applicable. However, the cross-examination and acceptance of audio-visual materials must go through strict screening, and whether they can be accepted by the court depends on the specific situation. Whether to invade personal privacy should also be combined with specific circumstances.

Legal basis:

Article 63 of the Civil Procedure Law

There are the following kinds of evidence:

(1) Documentary evidence;

(2) Physical evidence;

(3) Audio-visual materials;

(4) Testimony of witnesses;

(5) statements of the parties;

(6) Evaluation conclusion;

(7) Records of the inquest.

The above evidence must be verified before it can be used as the basis for ascertaining the facts.