Is cheating and intercepting chat records evidence?

It can be used as evidence under certain circumstances, but its authenticity and legitimacy need to be recognized by the court.

First, the legal provisions of electronic data as evidence

In China, electronic data, as a new form of evidence, has been legally recognized. The Civil Procedure Law of People's Republic of China (PRC) clearly stipulates that electronic data can be used as evidence. This means that in legal disputes involving derailment and other issues, screenshots of chat records may be adopted as evidence by the court.

Second, the authenticity and legality requirements of the derailed screenshot chat record

However, in order to make the cheating screenshot chat record become effective evidence, it must meet the requirements of authenticity and legality. Authenticity means that the chat record must truly reflect the communication content between the two parties and has not been tampered with or forged. Legality requires that the acquisition of chat records is legal and cannot infringe on the privacy or other legitimate rights and interests of others.

In judicial practice, the court will examine the authenticity of chat records, such as verifying the integrity and timestamp of chat records through technical means. At the same time, the court will also consider whether the acquisition method of chat records is legal and whether there is any violation of others' privacy.

Three, combined with other evidence to form a complete chain of evidence

Although the derailed screenshots and chat records may be used as evidence, it is often not enough to rely solely on this evidence. In order to form a complete chain of evidence, it is usually necessary to prove relevant facts together with other evidence. For example, the authenticity and relevance of chat records can be comprehensively judged by combining the statements of both parties, witness testimony, relevant physical evidence and other evidence.

In addition, it should be noted that the court's identification of evidence will be different in different cases. Therefore, in legal disputes involving insurance fraud and other issues, it is recommended that the parties consult professional lawyers to understand the standards and requirements for evidence identification in specific cases.

To sum up, the chat record of cheating screenshots can be used as evidence under certain circumstances, but its authenticity and legitimacy need to be determined by the court. In order to form a complete chain of evidence, it is usually necessary to prove relevant facts together with other evidence. In specific cases, it is suggested that the parties should consult professional lawyers to obtain more accurate legal advice.

Legal basis:

People's Republic of China (PRC) Civil Procedure Law

Article 63 provides that:

Evidence includes:

(a) Statements of the parties;

(2) Documentary evidence;

(3) Physical evidence;

(4) Audio-visual materials;

(5) Electronic data;

(6) Testimony of witnesses;

(7) Appraisal opinions;

(8) Records of the inquest.

Evidence must be verified before it can be used as a basis for ascertaining facts.

Provisions of the Supreme People's Court on Evidence in Civil Procedure

Article 14 stipulates:

Electronic data includes the following information and electronic documents:

(1) Information published by web pages, blogs, Weibo, friends circle, post bars, network disks and other network platforms;

(2) Communication information of network application services such as short messages, e-mails, instant messaging and communication groups;

(3) User registration information, identity authentication information, electronic transaction records, communication records, login logs and other information;

(four) documents, pictures, audio-visual and other electronic documents;

(5) Other information stored, processed and transmitted in digital form that can prove the facts of the case.