Can WeChat chat records be used as evidence for labor arbitration?

WeChat chat records can be used as evidence, WeChat chat content cannot be used as single evidence, and WeChat can only be used as auxiliary evidence. The party providing electronic evidence will strengthen the electronic evidence through notarization, identification and witness assistance. However, due to the lack of clear rules for electronic evidence authentication, it is difficult for the court to authenticate electronic evidence.

Compared with other written evidence, there are still some flaws in electronic evidence such as WeChat. It is suggested that workers should collect written evidence as much as possible in the process of labor rights protection in order to safeguard their legitimate rights and interests more effectively.

Interpretation of the Application of the Civil Procedure Law of People's Republic of China (PRC)

116th 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.

Article 68 of the Supreme People's Court's "Several Provisions on Evidence in Civil Proceedings" stipulates that 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 a case.

Extended data:

Whether WeChat can become litigation evidence must meet two preconditions:

1. can prove that the users of WeChat are both parties. Because WeChat is not a real-name registration system, if we can't prove that the user of WeChat is a party, we can't confirm whether it is related to the case. Identity confirmation of WeChat users,

At present, there are four main ways of judicial practice:

(1) The other party acknowledges;

(2) Identification of WeChat avatar or WeChat photo album; ?

(three) the real name of the network, the authentication materials of the electronic data sender or the identity authentication of the owner;

(4) The third party organization, namely Tencent, a software provider, assisted in the investigation. This is not simple. ?

2. Integrity of WeChat evidence. The integrity of WeChat evidence lies in its authenticity and relevance, because WeChat evidence is a fragmented record of life. If it is incomplete, it may be taken out of context and cannot reflect the complete true meaning of the parties.

References:

China Court Network-People's Republic of China (PRC) Civil Procedure Law Applicable Interpretation