Is the new marriage law WeChat valid evidence?

Legal analysis: Whether mobile phone short messages can be accepted as audio-visual materials depends on whether they have "three characteristics of evidence", namely "objectivity, relevance and legality".

1. The objectivity of evidence means that the facts to be proved by evidence exist objectively, not subjectively imagined or guessed. Technically speaking, the short message is a read-only file, and the receiver cannot delete the original short message, only by forwarding it, and record the sender's mobile phone number, sending time and specific content accordingly. Therefore, SMS meets the objective requirements of evidence.

2. Relevance of evidence means that there is some objective connection between the facts to be proved and the contents of evidence. The sending and receiving of short messages is the relationship between the sender's initiative and the receiver's passivity, and the sending and receiving of short messages is the corresponding relationship.

3. The legality of evidence means that the way of obtaining evidence is legal, the content and form of evidence are legal, and the subject providing evidence is legal. That is, the process of collecting and extracting evidence by the plaintiff cannot infringe upon the legitimate rights and interests of others.

Therefore, as long as the SMS meets the above three conditions, it can be used as effective evidence.

Legal basis: Some provisions of the Supreme People's Court on evidence in civil proceedings.

Fourteenth _ 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 a party takes audio-visual materials as evidence, it shall provide the original carrier for preserving the 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.