The recording can be used as evidence. According to the Supreme People's Court's judicial interpretation, recorded materials can also be used as evidence. But it depends. 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. On the contrary, audio-visual materials without the consent of the parties concerned, which do not infringe upon the legitimate rights and interests of others and do not violate the prohibitive provisions of the law, can be used as the basis for finalizing the case.

legal ground

The Supreme People's Court's twenty-second provisions on evidence in civil proceedings.

When investigating and collecting audio-visual materials such as computer data or audio and video recordings, investigators shall require the respondents to provide the original carriers of relevant materials. If it is really difficult to provide the original carrier, a copy can be provided. If a copy is provided, the investigator shall explain its source and production process in the investigation record.