近年来,私自录音在民事诉讼中作为证据出示并不鲜见,其证据效力已经初步地为法院所肯定。然而,法院对私自录音证据的采纳既没有在立法上寻求到明确的法律依据,也没有从法的理念方面给出合理的解释,私自录音之证据效力的合法性仍有待商榷。 In recent years, it is not uncommon for private recordings to be presented as evidence in civil lawsuits. The evidence validity has been initially affirmed by the court. However, the court’s acceptance of privately-owned recording evidence neither sought a clear legal basis for legislation nor provided a reasonable explanation from the concept of law. The validity of the validity of the evidence of private recording remains to be discussed.