According to the relevant laws and regulations of our country, if the evidence of mobile phone recording is overturned, corresponding evidence can be provided to prove that the recording does not conform to the rules of evidence, such as not the original carrier, the recording is incomplete, and the acquisition of the recording is an illegal infringement of the legitimate rights and interests of others.
Investigators who investigate and collect computer data or audiovisual materials such as audio and video recordings shall require the respondent to provide the original carrier of the relevant materials. If it is really difficult to provide the original carrier, a copy can be provided. Where duplicates are provided, the investigators shall state their sources and production process in the investigation record.
The following evidence shall not be taken as the basis for ascertaining the facts of the case alone:
(1) Statement of the parties;
(2) Testimony given by a person without or with limited capacity for civil conduct that is not commensurate with his age, intellectual status or mental health;
(3) Testimony stated by witnesses who have an interest in one party or his agent;
(4) Audiovisual materials and electronic data with doubts;
(5) Duplicates and reproductions that cannot be checked with the original.
To make the recorded evidence the basis of the judgment, two conditions must be met:
1. The acquisition of recorded evidence must comply with the provisions of the law. The conversation between the recorded parties was not restricted at that time. It was a conscious and free declaration of intention, a goodwill and necessary one, and was intended to protect the legitimate rights and interests of the parties and identify the true situation of the case.
2. The recording evidence has good technical conditions, clear identity of the interviewee, clear content, objective truth and consistency, has not been cut or forged, and the content has not been changed. Undoubtedly, there is other evidence to support it.
[Legal Basis]
In Article 90 of the Several Provisions of the Supreme People's Court on Evidence in Civil Procedure, the following evidence cannot be taken as the basis for determining the facts of the case alone:
(1) Statement of the parties;
(2) Testimony given by a person without or with limited capacity for civil conduct that is not commensurate with his age, intellectual status or mental health;
(3) Testimony stated by witnesses who have an interest in one party or his agent;
(4) Audiovisual materials and electronic data with doubts;
(5) Duplicates and reproductions that cannot be checked with the original.