■ ask for the ground to tear open change lawyer 4 have new standard: Have special skill or knowledge; Have an attitude; Have public praise; Have the milk of human kindness
■ authority of the dimension that tear open change has a way; Compensation of high specified number has clever court
Privately recording cannot be used as evidence commonly, but if privately recording did not encroach other legitimate rights and interests is lawbreaking perhaps prohibit the way that the gender provides is obtained, this recording can be used as evidence.
Basis " a certain number of regulations of top people court about civil suit evidence " the 68th " with enroach on other legitimate rights and interests is lawbreaking perhaps prohibit the evidence that the means that the gender provides obtains, the basis that cannot regard cognizance case as the fact " regulation, no matter any evidence, include privately recording, must not counterpoise legally with enroach on other beneficial is lawbreaking perhaps prohibit the means that the gender provides is obtained, give as illegal evidence otherwise eliminate.
" a certain number of regulations of top people court about civil suit evidence " 70 regulations: The following evidence that one party party offers, demur of the opposing party but of the contrary evidence that refutes without enough, people court ought to affirm its prove power:
(one) book card original perhaps checks with book card original without by accident Xerox, photograph, carbon, excerpt this;
(2) material evidence original other people perhaps checks with material evidence original other people without by accident duplicate, data of photograph, kinescope;
(3) have other evidence evidence and obtain with legal measure, data of bit more undoubted seeing and hearing perhaps checks with data of seeing and hearing without by accident duplicate;
(4) pair of material evidence that legal process makes according to of courtyard of civil code of applicant of one party party or the survey produce the expected result of the spot notes.
Recording regards seeing and hearing as a kind of the data, want to have other evidence evidence only, its obtain a passport lawful, can use as evidence.
2, accordingly, privately recording is used as evidence, must satisfy two requirements:1, the taking of recording evidence must the regulation of be good law, not enroach on another person is lawful rights and interests is lawbreaking perhaps prohibit sexual regulation;
2, recording evidence must have other evidence evidence, cannot serve as evidence alone.
1, the recording evidence that party shows perhaps was not forged by montage, editing and rearrangement, around connection is close, content was not distorted, have objective authenticity and continuity.
2, the taking of recording evidence must regulation of be good law. If the hold of recording evidence person used the privacy that violates other lawbreaking perhaps prohibit sexual regulation, in its for instance working place perhaps stays the recording data that so eavesdrop means obtains, belong to lawbreaking prohibit the evidence that sexual regulation obtains, cannot use as litigant evidence.
3, the other side did not put forward to refute or refute reason not to hold water. The court is in serve as recording evidence when sentencing case basis, whether doubtful point undertakes checkup even to recording evidence. If the the opposing party expresses doubt to recording data, put forward enough evidence to try to refute, so if try to refute without enough evidence,this recording evidence loses proof force; , the court ought to affirm the proof power of this recording evidence.
Additional, when adopting the kind that employs secretly to collect the proof that he wants, ought to use advanced transcribe device as far as possible. In actual unit process of cargo bandling, want to choose murmur to disturb little local transcribe as far as possible. In be recorded secretly, answer to indicate oneself identity and transcribe time first, clever ground guides or clew the other side indicates the capacity, in order to enhance authentic rate of evidence.
