论文部分内容阅读
编辑同志:我朋友阿春的丈夫林某有婚外情,导致夫妻感情恶化。阿春一直苦于搜集不到证据。某日,阿春假称到外地出差,当晚突然返回家,结果发现丈夫林某与情人一起睡在自己家的床上。阿春当即拍了照,并于事后向法院起诉,请求判令其与林某离婚,并要求林某赔偿自己精神损失费一万元。林某同意离婚,但声称阿春捉奸拍照取得的证据不具有合法性,不能作为认定其有婚外情的依据。请问,阿春取得的照片,能作为合法证据使用吗?云南丁晓芸
Editor’s Comrade: My friend A-chun’s husband, Lin, has an extramarital affair, leading to deteriorating feelings of the couple. Achun has been suffering from collecting evidence. One day, Aochun falsely claimed to travel abroad and suddenly returned home that night and found that her husband Lin slept with her lover in her own home. A spring immediately took a photo, and filed a lawsuit to the court after the incident, requesting an order to divorce him and Lin, and asked Lin compensation for their mental loss of 10,000 yuan. Lin agreed to divorce, but claimed that the evidence obtained by the arrest of alumnus snapper has no legitimacy, can not be used as a basis for the affirmation of extramarital affairs. Excuse me, Achun photos can be used as legal evidence? Yunnan Ding Xiaoyun