[Case].
Xiao Hong borrowed 20,000 yuan from his friend Xiao Xue and said that he would return it at the end of the year. Out of trust, Xiao Xue did not ask for a written loan contract. At the end of the year, Xiao Xue proposed to Xiao Hong to repay the money, and Xiao Hong did everything possible to excuse himself, telling Xiao Xue that he had no money and did not plan to pay it back. Xiao Xue was unreasonable, and later, Xiao Xue invited Xiao Hong to his home and secretly recorded his conversation with Xiao Hong. During the conversation, Xiao Hong clearly admitted that he borrowed money, and said that there was no written evidence at the beginning, and even if Xiao Xue sued the court, it would be impossible to win the lawsuit. The day after the conversation, Xiao Xue sued the court, using the recording of the conversation as evidence to ask the court to order Xiao Hong to repay the loan. But Xiao Hong flatly denied the loan, and believed that Xiao Xue secretly recorded the conversation between the two and was illegal. So, is it legal for Xiao Xue to secretly record it?
Legal Analysis] According to the first paragraph of Article 64 of the Civil Procedure Law, the parties have the responsibility to provide evidence for their own claims. If Xiao Xue wants to sue the court, he needs to provide evidence of Xiao Hong's borrowing of money. According to article 68 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (hereinafter referred to as the "Several Provisions on Evidence in Civil Proceedings"), evidence obtained by methods that infringe upon the lawful rights and interests of others or violate the prohibitive provisions of the law cannot be used as the basis for determining the facts of the case. In this case, although Xiao Xue recorded the conversation between the two without Xiao Hong's consent, the recording was made by Xiao Xue at his own home, and it was only for Xiao Hong's borrowing of money, not Xiao Hong's privacy, etc., and did not infringe on Xiao Hong's lawful rights and interests, so it is not illegal evidence that should be excluded and is legal.