How to provide evidence for electronic evidence

Nowadays, due to the increasing popularity of the Internet, in private capital, everyone is also associated with WeChat or Alipay for transfer transactions, which will form certain loopholes, so everyone must keep electronic evidence well. So, how to prove electronic evidence? Let's take a look together.

First, how to prove electronic evidence

1, identification of private lending relationship

The first is the identification of the borrower. In the case of private lending disputes, if the borrower borrows money by SMS, WeChat, telephone, etc., the lender needs to prove the identity of the borrower, such as proving that the mobile phone number and micro signal that sent the SMS belong to the borrower.

The second is the determination of the loan agreement. Evidence such as SMS, WeChat chat or telephone recording proves that both parties have borrowed money, including but not limited to the loan amount, loan term, interest agreement and payment method.

Finally, the determination of loan delivery and repayment. Whether the loan is cashed or not is related to the establishment of private lending. Lenders need to prove that they have paid back the money and the corresponding repayment method, and borrowers need to prove the repayment amount and the corresponding repayment method.

2. Submission and presentation of electronic evidence

In litigation, the submission of electronic evidence varies according to its type.

For SMS, WeChat, Alipay and other chat records. , the parties should show the original carrier of the mobile phone to the court, explaining the nickname, corresponding number, information content, sender and receiver information, time, storage location and other related information. , and submit a print screenshot.

For audio-visual materials such as audio and video recordings, the parties concerned shall produce audio and video recordings, mobile phones and other original recording media for court play, and submit burned CDs and written materials consistent with audio and video recordings.

For online banking, Alipay and WeChat transfer records, the parties concerned should show their mobile phones or computers in court, show the transfer records in court, and explain the names of the transferor and payee, the transfer amount, the transfer time and the corresponding account number, and submit printed screenshots. For online bank transfer, you can also submit the corresponding bank account transaction list or transfer voucher to prove the transfer fact.

At the same time, it should be noted that the submission of the above evidence should be continuous and complete, and it should not be tampered with, forged or spliced, and the authenticity and objectivity of electronic evidence should be preserved.

Second, what is electronic evidence?

Evidence stored in a certain electronic medium in the form of data belongs to electronic evidence. In private lending disputes, evidence such as SMS, WeChat chat records, emails, telephone recordings, videos, WeChat transfers, Alipay transfers, and online bank transfers are all electronic evidence.

Third, matters needing attention

1, electronic evidence should be collected in time.

With the development of science and technology, more and more instant messaging tools such as WeChat and Alipay are used to borrow money. The parties concerned should pay attention to the timely collection and preservation of relevant evidence of loan facts. When using this method to borrow money, pay attention to keep the identity information of the borrower, such as asking the borrower to send photos of ID card, debit card and video about borrowing. Nowadays, many mobile phones have screen recording function, and the parties can record information such as WeChat and Alipay, which is convenient to prove the identity of the other party and the fact of borrowing.

2, the original carrier should be properly preserved.

Because electronic evidence is represented by digitally stored information, it is easy to be tampered with. In litigation, if there are only screenshots of short messages and chat records without the original carrier, it is difficult for the court to verify the authenticity of electronic evidence, and there is a litigation risk of losing the case. Therefore, in the case that the loan has not been paid off, don't delete the relevant chat records easily, and make a backup of the chat records. Audio-visual materials such as audio and video recordings should be copied to the computer in time after audio and video recordings, and the audio and video recording equipment should be properly kept. Audio and video recordings in the voice recorder or mobile phone should not be deleted.

3. Conduct notarization and evidence collection when necessary.

Under normal circumstances, when there are only transfer records, and there are no IOUs and loan agreements, the parties usually fix the loan facts by audio and video recording to urge repayment. It should be noted that the acquisition of such evidence should be legal and should not be obtained by infringing on the legitimate rights and interests of others or violating the law. If necessary, you can ask the notary office to notarize this process.

The above is a detailed introduction on how to prove electronic evidence. To sum up, I remind you that once we lend the money, we will pay it through online banking, WeChat and Alipay. When there is a dispute between the parties, the evidence is more in the form of electronic evidence. If you have any legal questions, it is recommended to consult a professional lawyer.