Chat intercepts evidence?

Is the chat screenshot evidence? Disputes over creditor's rights and debts often occur in life. It is said that it is natural to pay back debts, but some people will refuse to pay them. At this time, creditors can sue, and some people will doubt whether the chat screenshot is evidence when collecting debts.

Is the chat screenshot evidence? 1 1. Can the chat screenshot be used as legal evidence?

1. The screenshot of chat software belongs to one of the electronic evidences, and the original screenshot should be provided. After verification by the people's court, it can be used as valid evidence. Further clarify that electronic data forms such as e-mail, SMS, Weibo and online chat records can be used as evidence in civil cases.

2. Legal basis: Article 63 of the Civil Procedure Law of People's Republic of China (PRC).

Evidence includes:

(1) Statement of the parties;

(2) Documentary evidence;

(3) Physical evidence;

(4) Audio-visual materials;

(5) Electronic data;

(6) Testimony of witnesses;

(7) Appraisal opinions;

(8) Inspection records.

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

Second, can the video be used as legal evidence?

Recorded data can also be used as evidence, but it depends. Details are as follows:

1. Evidence obtained by infringing upon the legitimate rights and interests of others or violating the prohibitive provisions of the law cannot be used as the basis for determining the facts of the case.

2. Audio and video recordings without the consent of the parties concerned, which do not infringe upon the legitimate rights and interests of others and do not violate the prohibitive provisions of the law, can be used as the basis for finalizing the case.

3. Audio materials recorded secretly without the consent of the other party, although not violating the legitimate rights and interests of the other party and the prohibitive provisions of the law, are used to protect their legitimate interests, so they can be used as evidence.

But if there is only this single evidence and no other evidence to support it, then the probative force of this recorded evidence is still lacking. Therefore, it is best to find some other evidence to prove it.

Is the chat screenshot evidence? 2 Can the screenshot of WeChat chat record be used as evidence?

Today, WeChat has already become the most used communication software in life, and even become an important carrier of many legal relationships. So can the chat record of WeChat be valid evidence? The answer is yes.

However, in the specific litigation process, when the parties submit screenshots of WeChat chat records to the court as evidence, they often refuse to accept them because they cannot provide the original carrier and prove the identity of the other party. Recently, the Mawei District Court of Fuzhou tried a dispute over a sales contract, and the court refused to accept it because the parties could not provide the original carrier of WeChat chat records.

In May, 20021year, the person in charge of a commercial bank in Mawei District found that Ms. Wang had purchased fresh aquatic products from herself during the period from 20 17 to 20 18, and the payment for the goods was not paid in time, so she urged Ms. Wang. After repeated unsuccessful dunning, the firm sued Ms. Wang to Mawei District Court, demanding that Ms. Wang pay the money owed.

During the trial, in order to prove the actual existence of the contractual relationship between the two parties, the person in charge of the firm submitted screenshots of the original and defendant's WeChat chat records as evidence. However, Ms. Wang does not recognize the authenticity of WeChat chat records. The judge asked the person in charge of the firm to show the original WeChat chat record, but the person in charge said that due to the replacement of the mobile phone, the original record had been cleared and could not be provided.

Recently, the Mawei District Court made a judgment after the trial, because the firm could not confirm the authenticity of the WeChat chat record and thought that the WeChat chat record could not be accepted. Fortunately, the person in charge of the firm submitted the delivery list and receipt signed by Ms. Wang at that time, which can prove the amount of money owed by Ms. Wang. In the end, the court supported the litigation request of the firm and asked Ms. Wang to repay the remaining 50,000 yuan in time.

A person from Mawei District Court said that according to Article 469 of the Civil Code, the parties may conclude a contract in written form, orally or in other forms. Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained. A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.

So how to make WeChat chat records effective litigation evidence?

According to this person, the WeChat chat record needs to be backed up. Before the trial, submit the WeChat personal information interface of both parties to the chat, including WeChat avatar, nickname, micro-signal, region and other information, which proves that the chat object is the party to the case.

It should be noted that the submission of WeChat chat records must be complete and uninterrupted, and you can't just intercept the parts that are beneficial to you or delete some chat records. The submitted chat records should be marked with specific dates and nicknames, in which pictures and documents should be printed with specific contents, voices should be converted into words, and videos should be saved with storage devices such as CDs.

In addition, the parties should log in to WeChat by using the device that saves the WeChat chat record, show the personal information interface of both parties to verify their identity, show the chat content to prove the authenticity of the evidence, and turn on the display of voice, video, pictures, transfer information and other contents. If the micro-signal of the chat partner has been modified and the chat content cannot lock the identity of the other party, you can apply to the court for an investigation order and investigate the real-name authentication information of WeChat users at Tenpay Payment Technology Co., Ltd., a third-party institution.

Is the chat screenshot evidence? 3 Can WeChat chat screenshots be used as valid evidence?

Xiaoming borrowed 50,000 yuan from Xiaofang on WeChat because of something urgent, and promised to pay it back in one month, so Xiao Fang transferred 50,000 yuan to him. Out of trust in friends, Xiaofang didn't ask Xiaoming to issue an IOU.

After a month expired, Xiao Ming didn't pay back. Xiaofang communicated with him many times on WeChat, but Xiaoming just didn't repay the loan. In a rage, Xiaofang sued the court and asked Xiaoming to repay the 50,000 yuan.

However, in the process of cross-examination, because Xiaofang's original mobile phone was broken and could not be repaired, Xiaofang could only provide screenshots of WeChat chat records of both parties to prove Xiaoming's loan. Can WeChat screenshots be used as valid evidence?

The answer is no, the legal private lending relationship is protected by law. The parties have the responsibility to provide evidence for their claims. If there is no evidence or the evidence is insufficient to prove the facts identified by the parties, the parties with the burden of proof shall bear the adverse consequences.

The screenshot of WeChat chat record provided by Xiaofang belongs to electronic evidence, but Xiaofang can't provide the original mobile phone of WeChat chat record, and can't use terminal equipment to log in to its WeChat account for process demonstration, which can't prove the authenticity of electronic evidence, so the court rejected Xiaofang's claim.