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Can screenshots be used as evidence?
Can screenshots be used as evidence? Evidence is very important. Now people advocate paperless office, so many people use chat software in China. Wechat chat records belong to a kind of electronic evidence. Can the following screenshot be used as evidence?
Can screenshots be used as evidence? 1 Can social software screenshots be used as a legal basis?
Screenshots of chat records on social software can be used as legal evidence. The Supreme Court issued the Interpretation on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC), further clarifying that electronic data forms such as e-mail, short messages, micro-blogs and online chat records can be used as evidence in civil cases.
According to Article 116 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of People's Republic of China (PRC) (implemented on February 4, 201May), audio-visual materials include audio-visual materials and video materials.
Electronic data refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, Weibo, SMS, electronic signature and domain name.
Audio and video materials stored in electronic media shall comply with the provisions of electronic data.
Social software and short messages can be used as evidence materials under some special circumstances, but the following conditions need to be met:
First, as evidence, social software and short messages must be objective, true and reliable. Objective truth refers to the fact that litigation evidence can prove the truth of the case, which is an objective fact, rather than subjective speculation from individuals. The chat records of social software and SMS should be naturally formed by the parties in their daily activities, and the content can be known by the other party or copied and presented.
Second, the chat records of social software and SMS as evidence materials need to be related to the facts of the case. The so-called relevance means that evidence is not only the objective existence of facts, but also needs to be logically related to the facts of the case, which can be logically inferred to explain the facts of the case. The content of social software and SMS chat records must be related to the event itself, not irrelevant things.
Third, social software and SMS chat records must also be legal. That is to say, the evidence comes from the initiative of the parties, or is investigated and collected by the parties, lawyers or legal organs in accordance with the relevant procedures of the law.
As a new evidence material, social software and SMS chat records are certainly different from other ordinary evidence collection. Whether it is provided by the parties or collected by the people's court, it must comply with the relevant procedures prescribed by law. Social software and chat records as evidence must conform to the forms prescribed by law.
Can screenshots be used as evidence? 2 Can I file a case only with WeChat chat records?
Of course.
As evidence, WeChat wants to be recognized and supported by the court, and the following certificates must be completed:
It must be confirmed that the main users of WeChat are both parties;
Ensure the legality of the ways and means to obtain WeChat chat records. Be sure to provide true and complete WeChat evidence, and ensure that there is a connection between WeChat evidence and other evidence to form a complete chain of evidence.
The Civil Procedure Law stipulates that evidence includes electronic data. Evidence must be verified before it can be used as a basis for ascertaining facts.
Article 63 of the Civil Procedure Law of People's Republic of China (PRC) includes the following types of evidence:
(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.
Can screenshots be used as evidence? 1. Is the screenshot of chat software valid?
Chat records can be used as the basis for determining the fact of borrowing.
According to Article 14 of the Supreme People's Court's Provisions on Evidence in Civil Proceedings,
Electronic data includes the following information and electronic documents:
(1) Information published by web pages, blogs, Weibo and other online 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, 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.
If the parties take audio-visual materials as evidence, they shall provide the original carrier for the preservation of audio-visual materials.
If the parties take electronic data as evidence, they shall provide the original. A copy made by an electronic data producer that is consistent with the original, or a printed copy directly derived from electronic data or other output media that can be displayed and identified, is regarded as the original of electronic data.
Two. Criteria for judging electronic data
Objectivity of evidence means that evidence must be objective or true. In order to ensure the objective authenticity of the evidence, the evidence submitted by the parties to the court should be original or original. If the original or the original cannot be submitted due to objective reasons, a copy or reproduction consistent with the original or the original can be submitted.
The reason why the original is required to be submitted to the court is because the authenticity of documentary evidence and physical evidence is related to the physical characteristics of the evidence carrier. For documentary evidence, copies are more likely to be forged, and it is more difficult to distinguish authenticity. Important information such as writing ink and writing time on the original can't be reflected in the copy.
The evidential ability and probative force of physical evidence depend entirely on the characteristics of the evidence itself, so the copy must be checked with the original. When a witness is required to testify in court, it is necessary not only to provide original documents such as expert opinions and inspection records, but also the parties may apply for an expert witness or inspector to appear in court for cross-examination. In a sense, it is also a requirement for "original documents" of evidence. The original of electronic data refers to the carrier that originally recorded electronic data.
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