Joke Collection Website - Blessing messages - No contract, no chat record, can I sue?
No contract, no chat record, can I sue?
Chat records belong to electronic data evidence. As long as the evidence can reflect the facts of the case, it can be used as effective evidence to prove the facts of the case, and the parties can directly file a lawsuit based on the evidence.
Electronic data includes the following information and electronic documents:
1, 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;
4, files, 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.
To sum up, there is a chat record without a contract to sue. But the content of the chat record should be clear, specific and clear. The prosecution needs to submit the complaint and evidence to the court, as well as the subject information of both parties.
Legal basis:
Provisions of the Supreme People's Court on Evidence in Civil Procedure
Article 14 Electronic data include 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. Article 15
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.
Article 20
When applying to the people's court for investigation and collection of evidence, the parties and their agents ad litem shall submit a written application before the expiration of the time limit for adducing evidence.
The application shall contain the basic information such as the name of the person under investigation, the name of the unit and the address, the name or content of the evidence to be investigated and collected, the reasons why the people's court needs to investigate and collect the evidence, the facts to be proved and clear clues.
Article 23
When investigating and collecting audio-visual materials and electronic data, the people's court shall require the respondent to provide the original carrier.
If it is really difficult to provide the original carrier, a copy can be provided. If a copy is provided, the people's court shall explain its source and production process in the investigation record.
Where the people's court adopts evidence preservation measures for audio-visual materials and electronic data, the provisions of the preceding paragraph shall apply.
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