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Can electronic receipts be used as the basis for the court to award compensation?
Article 63 of the "Civil Procedure Law" clearly stipulates that evidence includes electronic data. Therefore, electronic receipts that are verified to be true can be used as a basis for determining facts. Confirming the objective authenticity of electronic evidence is the key to whether it can be accepted by the court. 1. Electronic contracts have the same legal effect as originals
If the contract signing party has undergone real-name authentication and has anti-tampering and anti-repudiation functions. The signed electronic contract is authentic and valid and has the same legal effect as the original. 2. All correspondence on WeChat can be used as "electronic evidence"
If the two parties do not formally sign a written contract, and negotiations, transfers, etc. are all completed on WeChat. WeChat screenshots, online banking electronic receipts, logistics orders and online inquiry forms can all be used as evidence. 3. Confirming the objective authenticity of electronic evidence is key
The Supreme People’s Court on the application of Article 116 of the Civil Procedure Law of the People’s Republic of China:
1. Audiovisual materials include audio recordings and video materials.
2. Electronic data refers to information formed or stored in electronic media through emails, electronic data interchange, online chat records, blogs, microblogs, mobile phone text messages, electronic signatures, domain names, etc.
3. For audio recordings and image materials stored in electronic media, the regulations on electronic data shall apply.
Only electronic evidence that meets legal requirements has strong legal effect. The evidence must be supported by the court and must meet the legality, authenticity and relevance of the evidence to the facts to be proved. Courts are relatively cautious in accepting electronic evidence, mainly because electronic evidence is easily tampered with. It is also very difficult to collect electronic evidence that is recognized by the court. Electronic evidence can easily be illegal due to infringement of other people's legitimate rights and interests during the generation and collection process, and thus be excluded by the court. At present, visualizing and fixing electronic data in a notarized form is a relatively safe approach. Once it is necessary to go to court or arbitration, it will be easily recognized by the court and arbitration.
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