Article 68 of the Several Provisions of the Supreme People's Court on Evidence in Civil Procedure stipulates that evidence obtained by infringing upon the legitimate rights and interests of others or violating the prohibitive provisions of the law cannot be used as the basis for determining the facts of the case.
Therefore, if the means of obtaining the recording is illegal, it cannot be used as the basis for determining the facts of the case.
[Legal Basis]
Article 63 of the Civil Procedure Law, types of evidence
Evidence includes:
(1) Statement of the parties;
(2) Documentary evidence;
(3) Physical evidence;
(4) Audio-visual materials;
(5) Electronic data;
(6) Witness testimony;
(7) Appraisal opinions;
(8) Record of inspection. Evidence must be verified before it can be used as the basis for ascertaining facts.