For calls and in-person talks where things might turn sour, start recording right away: you can record conversations you personally take part in without needing prior consent from the other party

When it comes to loans, debts, compensation, refunds, or labor disputes, misunderstandings can arise months later even if everything was discussed clearly on the phone with no written record. Recording these conversations yourself is perfectly legal, even if the other party wasn’t informed beforehand; this alone won’t disqualify the recording as evidence. What you must not do is eavesdrop, spy on someone’s private life, break into their home to record secretly, or coerce them into speaking.

Cost

There’s no cost involved. Simply turn on the call recording feature on your phone or use a recording app. Record the entire conversation, then keep the original file untouched — do not edit or overwrite it.

Benefit

Article 66 of the Civil Procedure Law lists audio/video recordings and electronic data as admissible evidence. Article 106 of the Supreme People’s Court’s judicial interpretation further specifies that only three types of evidence are excluded: those obtained by seriously infringing on someone’s legal rights, those obtained in violation of statutory prohibitions, and those obtained in blatant breach of public order and good morals. “Failing to inform the other party beforehand” does not fall under any of these categories. According to Article 15 of the same regulations, to use a recording as evidence, you must retain its original medium — such as the original phone used to record it. Article 90 states that audio/video recordings or electronic data with any doubts attached cannot be used alone to determine facts. A published article by a judge on the Supreme People’s Court website also confirms that recordings must be obtained lawfully, remain unedited, be factually accurate, and be relevant to the case at hand.

Notes

The primary beneficiaries of this practice are you and your family members. Aim to include clear references to people, events, amounts of money, and timing in your recordings. Instead of simply asking “When will you pay me back?”, you might naturally ask, “Out of the 50000 yuan I lent you last year, when do you plan to repay it?” Submit such recordings only to courts, arbitration panels, or police authorities; posting them online risks privacy and defamation issues — see Section 16 regarding avoiding online slander or false statements. Having a recording does not guarantee a favorable verdict; courts still evaluate its authenticity and relevance alongside other evidence. This advice addresses only “whether it can serve as evidence,” while deciding whether to actually file a lawsuit and estimating associated costs are separate considerations. For documents to preserve prior to leaving a job, refer to Section 19, Item 8. Please note that the rules outlined here apply specifically to civil litigation; separate regulations govern evidence use in criminal and administrative cases.

Sources · 4

1. 全国人大常委会 (2023 年修正，2024 年 1 月 1 日施行). 民事诉讼法（第六十六条）. 上海市发展和改革委员会转载全文 fgw.sh.gov.cn/ys-syjf-zc-2.4.1-h5/20240408/07…
2. 最高人民法院 (2022 年第二次修正). 关于适用《中华人民共和国民事诉讼法》的解释（第一百零六条）. court.gov.cn/fabu/xiangqing/353651.html
3. 最高人民法院 (2019 年修正). 关于民事诉讼证据的若干规定（第十四、十五、九十条）. court.gov.cn/zixun/xiangqing/212721.html
4. 刘丹妮 (2023). 电影《消失的她》中的法律（人民法院报，最高人民法院官网转载）. court.gov.cn/zixun/xiangqing/406032.html