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How to store WeChat files
Open WeChat, click on the file on the friend chat interface, and choose to continue downloading. After the download is completed, return to the mobile desktop, open file management, and click on the corresponding folder according to the file type to view the downloaded WeChat file. The specific steps to store WeChat files are as follows:
1. First, we open the phone, find the WeChat app on the desktop and click to open it.
2. Find our WeChat friends and click to enter.
3. Then find the picture and click on it.
4. Press and hold the picture we want to save for three seconds.
5. Then click Save to save the picture and you can find it in the photo album.
Mobile social tools such as WeChat and QQ have not only changed the way people communicate, but also affected all aspects of life. Common transactions include loans and other money transactions.
When related disputes are involved, can chats and transfer records on mobile phones be used as "evidence in court"?
From May 1st, this new regulation will be implemented, and more electronic data will officially become evidence in lawsuits!
The "Decision of the Supreme People's Court on Amending the "Several Provisions on Evidence in Civil Procedures"" promulgated by the Supreme People's Court of the People's Republic of China on December 26, 2019 further refined and expanded the Scope of electronic data. This regulation will come into effect on May 1, 2020!
"Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" refines the types of electronic data, including five major categories and various forms:
1
Webpage , blogs, microblogs and other online platforms;
2
Communication information from mobile phone text messages, emails, instant messaging, communication groups and other network application services;
3
User registration information, identity authentication information, electronic transaction records, communication records, login logs and other information;
4
Documents, pictures , audio, video, digital certificates, computer programs and other electronic files;
5
Other information stored, processed, and transmitted in digital form that can prove the facts of the case.
How useful is electronic evidence?
The following three cases will be explained to you in detail!
1. Borrowing money and not repaying WeChat chat records as "IOU"
Case facts: Xia and Li are friends. Due to difficulties in business capital turnover, Li asked Xia To borrow money, Xia lent Li 30,000 yuan through WeChat transfer, and later lent Li 10,000 yuan through Alipay transfer. Based on his trust in his friends, Xia did not ask Li to pay an IOU. But later Xia repeatedly urged Li to repay, but Li only returned 5,000 yuan, so Xia sued the court and provided evidence such as WeChat transfers and WeChat chat records.
Trial result: During the trial, the court found out the relationship between the two parties, the loan process, and the contents of the WeChat chat records of both parties, etc., and could determine that Li and Xia had reached an agreement on the loan. Although Xia did not issue a paper IOU, the electronic evidence was also evidence, confirming that the two parties had formed a legal and effective private lending relationship. Finally, it was ruled that Li should repay Xia's loan of 35,000 yuan within ten days.
2. "Friendship Tragedy" Electronic Evidence Helps Restore the Facts
Case Facts: One day, Wang came to the court and claimed that Chen borrowed him 50,000 yuan and agreed on two Pay off monthly. But after the repayment period expired, Chen only paid back the interest, but not a penny of the principal, and the person could not be found. After the court accepted the case, the person in charge learned when serving the document that Chen was not the "principal that has not been repaid" as Wang's complaint stated. Chen, who has never shown up as a migrant worker, submitted to the court evidence of his multiple repayments to Wang during the evidence presentation period, including WeChat transfers and bank transfer records.
Processing results: The undertaker served multiple repayment evidences submitted by Chen to Wang. Wang felt wronged because he concealed the facts. After being educated on the need to litigate in good faith, he submitted a withdrawal of the lawsuit to the court on the spot. The application was dismissed by the court.
3. “irrefutable evidence” electronic evidence supports criminal behavior
Case facts: From October 2016 to August 2017, Zhang used WeChat, QQ, etc. to publish advertisements to sell fake cigarettes . He purchased fake cigarettes from his upline many times through WeChat, and then sold the fake cigarettes to his downline through WeChat transfer.
After being seized by the public security organs, it was determined that the cigarettes sold by Zhang were all counterfeit registered trademarks and shoddy cigarettes. According to statistics from WeChat transfer records, Zhang’s total amount of counterfeit cigarettes sold was 190,700 yuan.
Trial result: Zhang was sentenced to one year in prison and fined RMB 100,000 for selling counterfeit and inferior products. During this period, screenshots of advertisements posted by Zhang through WeChat and QQ, as well as chat and transfer records became “ironclad evidence”.
Extension
Q1
In the past, electronic data could also be used as evidence. What is the purpose of this modification?
Electronic data is a new form of evidence added to the 2012 Civil Procedure Law; the 2015 Supreme People's Court's interpretation of the application of the "Civil Procedure Law of the People's Republic of China" regarding electronic data The meaning has been stipulated in principle and generally.
In order to solve operational problems in trial practice, the "Revised Decision" provides relatively detailed provisions on the scope of electronic data, clarifying the requirements for the parties to provide and the People's Court to investigate, collect and preserve electronic data and the requirements for electronic data. The data review and judgment rules have improved the electronic data evidence rule system. It is of positive significance for expanding evidence collection channels, unifying legal application standards, and protecting litigants' litigation rights.
Q2
Which type of cases will benefit more after the modification?
In disputes caused by private personal lending, online lending, online shopping, etc., electronic data is frequently used. In most cases, the parties involved in such cases can also provide electronic data such as WeChat chat records and online transfers.
Q3
After the modification, what benefits will it bring to ordinary citizens in safeguarding their rights?
Guiding parties to understand the scope of electronic evidence and the ways to collect evidence has a positive role in promoting the ascertainment of case facts and safeguarding the legitimate rights and interests of parties.
Q4
How are electronic data usually saved?
The new regulations clarify that if the parties use electronic data as evidence, they must provide the originals. A copy made by the producer of the electronic data that is consistent with the original, or a printout directly derived from the electronic data or other output media that can be displayed and identified, is deemed to be the original of the electronic data.
Whether WeChat records can be used as evidence in court, for example, depends on two premises. The first is to be able to prove that the users of WeChat are both parties, because WeChat is not a real-name system; the second is to ensure the integrity of WeChat records, because WeChat evidence is a fragmented record of daily life. If it is incomplete, it may lead to interpretation out of context, and the court will not adoption.
We would like to remind you that once there is any money exchange, WeChat records must keep the original records. Only screenshots will not be able to prove the authenticity. Transfer records, important conversations, etc. should be kept carefully and do not delete them at will.
Attachment:
Several Provisions of the Supreme People's Court on Evidence in Civil Litigation
Article 14 Electronic data includes the following information and electronic files:
(1) Information published by web pages, blogs, microblogs and other network platforms;
(2) Communication information from network application services such as mobile phone text messages, emails, instant messaging, communication groups, etc.;< /p>
(3) User registration information, identity authentication information, electronic transaction records, communication records, login logs and other information;
(4) Documents, pictures, audios, videos, digital certificates, Electronic files such as computer programs;
(5) Other information stored, processed, and transmitted in digital form that can prove the facts of the case.
Article 93: The People’s Court shall make a comprehensive judgment on the authenticity of electronic data based on the following factors:
(1) The computers relied on for the generation, storage, and transmission of electronic data Whether the hardware and software environment of the system are complete and reliable;
(2) Whether the hardware and software environment of the computer system on which the generation, storage, and transmission of electronic data rely are in normal operation, or not in normal operation Whether the state has an impact on the generation, storage, and transmission of electronic data;
(3) Whether the hardware and software environment of the computer system on which the generation, storage, and transmission of electronic data rely have effective error prevention capabilities Monitoring and verification methods;
(4) Whether the electronic data is completely preserved, transmitted, and extracted, and whether the methods of preservation, transmission, and extraction are reliable;
(5) Whether the electronic data is Formed and stored in normal transactions;
(6) Whether the subject of saving, transmitting and extracting electronic data is appropriate;
(7) Affecting the integrity and reliability of electronic data of other factors.
If the People's Court deems it necessary, it may review and determine the authenticity of the electronic data through methods such as identification or inspection.
Article 94: If electronic data exists in the following circumstances, the people's court may confirm its authenticity, unless there is sufficient contrary evidence to refute it:
(1) Submitted by the party concerned or stored electronic data that is detrimental to oneself;
(2) Provided or confirmed by a neutral third-party platform that records and saves electronic data;
(3) In normal business activities formed in;
(4) kept in the form of archives management;
(5) saved, transmitted, and retrieved in the manner agreed upon by the parties.
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