With SMS and WeChat dunning records, can you win the case?

Although WeChat chat records can be used as evidence, it is not easy to make them have corresponding probative force and become the basis for determining the facts of the case. Regardless of the relevance between the content of WeChat evidence and the facts of the case for the time being, WeChat evidence must meet the following two conditions before it can be accepted:

First, confirm the identities of both parties using WeChat.

Since WeChat is not a real-name registration system, if the user of WeChat cannot be proved to be a party to this case, the evidence of WeChat cannot be legally related to this case. At present, there are four main ways to confirm the identity of WeChat users: the other party admits; Identification of WeChat avatar or WeChat photo album; Network real name, electronic data sender authentication materials or owner identity authentication; A third party organization, namely Tencent, a software provider, assisted in the investigation.

The first two methods are obviously accidental and cannot be used as normal confirmation methods. The latter two methods involve the third-party technical assistance of software suppliers, but they have not yet formed a benign operation process, and naturally it is impossible to submit a WeChat record yourself as you imagined.

Second, the integrity of WeChat evidence.

This condition is related to the authenticity and relevance of WeChat evidence, because WeChat evidence is a living fragmented record. If it is incomplete, it may be taken out of context and cannot reflect the complete true meaning of the parties.

Due to the lack of clear authentication rules and specialized electronic evidence authentication institutions, some notarization authentication is flawed, which makes it more difficult for the court to authenticate electronic evidence. Therefore, it is an inevitable demand for the development of WeChat evidence to establish a special electronic data evidence appraisal institution and clarify its certification rules.