Can WeChat screenshots and chat records be used as valid evidence?

Wechat chat records can be used as the basis for determining the fact of borrowing.

According to Article 14 of the Supreme People's Court's Provisions on Evidence in Civil Proceedings? Electronic data includes 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 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.

Electronic data judgment standard

Objectivity of evidence means that evidence must be objective or true. In order to ensure the objective authenticity of the evidence, the evidence submitted by the parties to the court should be original or original. If the original or the original cannot be submitted due to objective reasons, a copy or reproduction consistent with the original or the original can be submitted.

The reason why the original is required to be submitted to the court is because the authenticity of documentary evidence and physical evidence is related to the physical characteristics of the evidence carrier. For documentary evidence, copies are more likely to be forged, and it is more difficult to distinguish authenticity. Important information such as writing ink and writing time on the original can't be reflected in the copy.

The evidential ability and probative force of physical evidence depend entirely on the characteristics of the evidence itself, so the copy must be checked with the original. When a witness is required to testify in court, it is necessary not only to provide original documents such as expert opinions and inspection records, but also the parties may apply for an expert witness or inspector to appear in court for cross-examination. In a sense, it is also a requirement for "original documents" of evidence. The original of electronic data refers to the carrier that originally recorded electronic data.

Whether electronic data must meet the original requirements is controversial in theory and practice. For example, in 2000, Shanghai Banshushu Computer Co., Ltd. sued China Social Publishing House for copyright infringement, and the defendant printed and copied the relevant e-mail materials and submitted them to the court. During the trial, the two sides had a fierce confrontation on whether these emails were original.

According to Article 22 of the Provisions of the Supreme People's Court on Evidence in Civil Litigation, Article 12 of the Provisions on Evidence in Administrative Litigation and Article 64 of the Applicable Interpretation, in principle, the parties concerned shall provide the people's court with the original carrier of computer data.

Extended data

For the chat records in WeChat, the evidence elements required by the rules include several aspects:

1. A demonstration of the process of logging into our company's WeChat account with terminal equipment, which is used to prove the legality of WeChat chat records and the authenticity of my identity.

2. In the personal information interface of both parties to the chat, the real identities of both parties are fixed with the help of the unchangeable characteristics of micro-signals and the information such as mobile phone numbers and avatars displayed in the personal information interface.

3. Complete chat history. According to the feature that WeChat chat records can only be deleted but not added at the client, the integrity and authenticity of related information are verified by comparing the complete chat information in each WeChat client.

When the court accepted the evidence related to WeChat, because WeChat did not enforce real-name authentication, according to the other party's micro-signal, the bound mobile phone number and the relevant information revealed in the chat provided by the parties, the judge can combine the daily life experience and synthesize the relevant information, and apply the principle of high probability to analyze and identify the identity of WeChat users.

As for the authenticity of WeChat chat records, we can compare and analyze whether there is deletion or tampering of key content through the WeChat chat records mastered by both parties, and make a factual determination accordingly.

China Net-WeChat QQ chat record will be effective evidence.

Baidu Encyclopedia-Electronic Evidence Law