Can WeChat chat records be considered as evidence?

Wechat can be used as evidence. Because the law clearly stipulates that electronic data can be used as evidence, and WeChat happens to be a kind of electronic data.

However, we should pay attention to the following points: 1 We should supplement other evidence to increase persuasiveness. For example, if someone lends you money, it will be much clearer if you have customers and chat records. Pay attention to the integrity of the process. Everything is saved on WeChat to make things clearer. You can try to get the other person to talk, because everyone has a different voice, so it is convenient to determine whether it is the other person. 4 Now WeChat is generally real-name authentication, so it should not be a big problem, so be sure to confirm whether the other party is real-name authentication before. 5 Look at the WeChat avatar, whether the photo album is my own, and determine the correctness of WeChat.

Although WeChat can be used as evidence, it is difficult to directly use it as evidence, because after all, there are other drawbacks there, so it is best to have diverse evidence.

Can WeChat chat records be considered as evidence? Chat records that meet certain conditions can be used as evidence.

Specifically, the chat records that can be used as evidence must meet the following conditions:

1, the chat content is clear and unambiguous, which can clearly show the facts to be proved.

2. The identities of the talker and the receiver are clear.

3. The chat record is saved on the original carrier without editing.

Here's an example:

A: Is this the boss Wang of Wangjiazhuang Agricultural Materials Store?

B: Yes.

A: I am Li Moumou, who lives in the last side of Xili Village. Don't you owe me two tons of Belgian ternary compound fertilizer (15- 12- 10) this spring? When will you pay me back?

Ah, I remember, at the end of this month.

A: It must have been given at the end of August, right?

B: That's right.

Note: According to the above WeChat records, Wang Boss of Wangjiazhuang Agricultural Materials Store owes Li Moumou, who lives on the last side of Xili Village, two tons of ternary compound fertilizer made in Belgium this spring, 15- 12- 10, which is planned to be returned at the end of August this year, which can be used as evidence.

Another example:

A: Lao Wang, when will you give me the goods you owe me?

B: Soon. I will give it to you soon.

A: All right then.

Note: this wechat, who Lao Wang owes what goods, intends to give it soon. In fact, it can't prove anything, and it can't be used as evidence.

Not as direct evidence, but as indirect evidence, in several aspects,

1, the screenshot cannot represent that the other person's avatar is the other person.

2. Suppose the defendant himself can't prove the authenticity of the chat content.

3, it is to prove the authenticity of the chat content, there is no way to prove that the chat content is the subjective expression of the defendant himself.

4. Strong evidence includes proof of loan voucher, that is, direct transfer. If you have a transfer voucher, you can't prove that the other party lent it to you. The other party may say that you returned it.

Wechat chat records can be used as evidence, which belongs to electronic data evidence in the type of evidence.

I. Electronic data evidence in criminal cases

According to Article 1 of the Regulations on Electronic Evidence of the Supreme People's Court and the Supreme People's Procuratorate, electronic data is formed during the trial of a case, stored, processed and transmitted in digital form, which can prove the facts of the case. Electronic data includes but is not limited to the following information and electronic documents:

(1) Information published by web pages, blogs, Weibo, friends circle, post bars, network disks and other network 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 and video, digital certificates, computer programs and other electronic documents. Evidence recorded in digital form, such as witness testimony, victim statements, confessions and excuses of criminal suspects and defendants, does not belong to electronic data. If it is really necessary, the collection, extraction, retrieval and examination of relevant evidence may be carried out with reference to these Provisions.

Second, electronic evidence in civil litigation cases.

According to Article 63 of China's Civil Procedure Law, the evidence includes: (1) the statement of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Records of the inquest.

Evidence must be verified before it can be used as a basis for ascertaining facts.

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.

Third, use WeChat chat records as electronic data evidence.

According to the three characteristics that evidence must be authentic, legitimate and critical, and combined with the principle of "whoever claims it, he gives evidence", it is difficult for an isolated evidence to complete the burden of proof for the facts claimed, so a complete evidence chain should be composed of multiple evidences.

The implication is that only WeChat chat records can be used as evidence, but they may not win the case. Especially in the case of private lending disputes, the other party will generally argue that it is irrelevant. What's more, if there is no borrowing fact and no other evidence, it will bear the risk of losing the case.

Fourth, the particularity of private lending contracts.

Private lending contract is a kind of practical contract, which will only take effect if both parties have the willingness to borrow.

First of all, we must prove that the micro-signal is owned by the other party.

Secondly, it is the key to prove that the other party has received the loan.

Tell me about the case, haha.

Wechat chat records can be used as evidence, but as evidence, the probative power is often not high. If it is to be accepted as evidence by the court, it is very particular ~

According to the Civil Procedure Law of People's Republic of China (PRC) and judicial interpretation, online chat records belong to electronic data evidence and can be used as litigation evidence. In judicial practice, the number of cases of making judgments based on the content of WeChat chat records as evidence has gradually increased.

Relevant laws and regulations:

Article 63 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the evidence includes: (1) the statement of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Records of the inquest.

Article 1 16 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates that electronic data refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, microblogs, mobile phone short messages, electronic signatures and domain names.

As evidence, WeChat chat records often have low probative power. On the one hand, because the subject can't be determined, when the WeChat chat record is used as evidence, the other party will generally cross-examine it like this: it can't be proved that the user of the micro signal is the plaintiff/defendant in this case, so the subject can't be determined; On the other hand, because of the content problem, the conversation in WeChat chat is generally simple, and the complete case facts cannot be clearly expressed, which also leads to the low probative power of WeChat chat records.

Haha, big special suggestion:

1. If both parties sign a written contract, it is suggested that the micro-signal of the contact person be specified in the contract in the future, especially if the obligation of informing is required in the performance of the contract;

2. If there is no other evidence to prove the identity of the other party, it is recommended to mention the identity information of the other party's name many times in the WeChat chat record. If the other party confirms or does not deny it, it is undoubtedly more convincing;

3. Because the mobile phone is easy to be lost and damaged, and the chat record has been deleted, it is suggested to notarize the important chat record in time.

4. If the other party refuses to admit that the account is his own in the lawsuit, he can consider obtaining the WeChat real-name authentication information of the account from the application court.

Article 63 of the Civil Procedure Law stipulates that evidence includes: (1) statements of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Records of the inquest. Evidence must be verified before it can be used as a basis for ascertaining facts.

On the application of the Civil Procedure Law of People's Republic of China (PRC) promulgated by the Supreme People's Court: According to Article 1 16 of the Interpretation, 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.

According to the above contents, WeChat chat records belong to online chat records and are electronic data, which can of course be used as evidence.

The daily chat record of WeChat belongs to a kind of evidence stipulated in the Civil Procedure Law-electronic data. Electronic data is evidence that exists in electronic form, and it is a form of evidence that conforms to the development of the times.

According to Article 14 of the Provisions of the Supreme People's Court on Evidence in Civil Litigation: "Electronic data includes the following information and electronic files: …… (2) Communication information of network application services such as SMS, email, instant messaging and communication groups ……", it can be clearly seen that the information generated by QQ, WeChat and Alipay on mobile phones belongs to electronic data and can be used as evidence in civil litigation.

As evidence, WeChat chat records shall meet the following requirements. Evidence is very important in civil litigation. Only the WeChat chat records and the statements of the parties can directly prove the facts to be proved and can be used as the basis for finalizing the case. However, because electronic data is easy to be tampered with, it is impossible to provide the original carrier. If there is other evidence to prove the content in the WeChat chat record, it will be more secure. For example, in a simple private lending case, the WeChat chat record can prove that Party A borrowed RMB 1 0,000 from Party B, and the Alipay transfer record can prove the authenticity of the WeChat chat record. Combined with the statements of the parties, the risk of losing the case is very low.

Answer the question first: WeChat records can be used as legal evidence, but they must meet the three characteristics of evidence.

As a new type of electronic evidence, WeChat chat record, like other electronic evidence, has some problems, such as user's identity is hidden and information is easily tampered with, which affects the proof effect of WeChat evidence.

WeChat chat records without real-name authentication meet the conditions of authenticity, relevance and legality, and can be conclusive evidence. Electronic evidence belongs to the category of "other evidence that can prove the existence of the legal relationship between lending and borrowing" —— From Du Wanhua's Understanding and Application of Judicial Interpretation of Private Lending in the Supreme People's Court.

Because WeChat is not from the real-name registration system, you need to prove that the person you are chatting with is the person you want to sue, so it is relevant, otherwise it cannot be used as evidence. The specific method can be to show the photos of yourself and your loved ones in the other party's WeChat photo album, the information of your own WeChat authentication, or ask Tencent to help with the investigation.

You also need to prove that there is a connection between the WeChat record and the facts you want to prove, that is, your WeChat chat record should be complete and not taken out of context at will, so that the chat record can fully reflect the whole process of your communication.

Back to the point, you'd better find other evidence to prove it. It is difficult for a judge to adopt two simple pictures.

Above.

Of course.

1. WeChat chat records belong to electronic data.

According to Article 63 of the Civil Procedure Law, "electronic data" also belongs to evidence, while according to Article 1 16 of the Judicial Interpretation of the Civil Procedure Law, electronic data refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, Weibo, mobile phone short messages, electronic signatures and domain names. Audio and video materials stored in electronic media shall comply with the provisions of electronic data. Therefore, as a network chat record, WeChat chat record belongs to one of electronic data and is a kind of legal evidence.

Second, the manifestations of WeChat evidence

According to the form of WeChat record, WeChat evidence can be divided into text WeChat record, picture WeChat record, voice WeChat record, video WeChat record, network connection and transfer payment information.

0 1 text wechat record. Including the chat records of WeChat friends, the texts published by WeChat friends circle, and the published text files and articles published by WeChat official account. This kind of record is the most common and abundant content in WeChat, such as the common "WeChat IOUs".

02 picture wechat record. Including pictures reproduced, produced and photographed when chatting with WeChat friends, publishing WeChat friends circle and WeChat official account, and various expressions used.

03 voice wechat record. Including information in the form of voice in chatting with WeChat friends, publishing WeChat friends circle and WeChat official account articles.

Video wechat recording. Including chatting with WeChat friends, and reprinting, making and shooting videos in the process of publishing WeChat friends circle and WeChat official account.

05 network link record. Including chatting with WeChat friends and posting the network links sent in the process of WeChat friends circle and WeChat official account. The biggest difference of this kind of WeChat record is that the content of the link is made by the third party or the sender in advance.

Payment and transfer information generated when using the functions of payment, transfer and red envelope. This kind of WeChat evidence is mainly generated when using the WeChat payment function.

3. What should I pay attention to when submitting evidence related to WeChat?

1. Provide a process demonstration of logging into our WeChat account with terminal equipment. It is used to prove the legitimacy of its WeChat chat record and the authenticity of its identity. 2. Provide personal information interface for both parties to chat. Using the unchangeable characteristics of micro-signal, combined with the information such as mobile phone number and avatar displayed in personal information interface, the real identities of both parties are fixed. 3. Provide a complete chat record. According to the characteristics that WeChat chat records can only be deleted but not added at the terminal, the integrity and authenticity of relevant information are verified by comparing the complete chat information of each WeChat client.

Fourthly, due to the above problems, judges are more cautious about chat records, and generally need to obtain the approval of the other party, which is more difficult. According to the provisions of the Civil Procedure Law, when the court hears a case, the parties concerned may apply to the court for obtaining the evidence that cannot be collected by themselves due to objective reasons. Before applying to the court for obtaining WeChat evidence, the parties concerned must be clear about what needs to be investigated: the registration information of WeChat users, WeChat official accounts and WeChat applets should be obtained from Shenzhen Tencent Computer System Co., Ltd.; The transfer record of WeChat wallet was transferred to Tenpay Payment Technology Co., Ltd. It is particularly important to note that the court could not retrieve the chat record of WeChat because Tencent could not provide the user's chat data. If conditions permit, Tencent can be asked to assist in the investigation, or a witness can prove the corresponding relationship between the micro-signal and the parties. If you ask Tencent for help, you can get the identity information of WeChat users from Tenpay Payment Technology Co., Ltd. according to the information I have. The accurate expression of the search term should be: WeChat real-name authentication information. Tencent's legal review is strict, and if the statement is inaccurate, it may refuse to provide it.

Fifth, you can ask the notary office to notarize the chat records, which can greatly improve the probative power. However, the notary did not participate in the whole process of the formation of WeChat evidence. Therefore, in the notarization of WeChat evidence, the notary can only notarize the authenticity of the behavior process of generating, extracting and fixing WeChat evidence, but may be powerless to prove the "integrity". (The notary fee may be nearly 1,000 yuan)

6. In the process of chatting, you can mention the identity information of the other party and let the other party confirm their identity. In order to avoid the situation that the correspondence between the micro signal and the other party cannot be proved. If you can record the chat record, personal information page, circle of friends page and chat with people in the video with the other party's mobile phone, the probative power can be improved to a certain extent. If the micro-signal is bound to the mobile phone number of the party concerned (refer to Shandong Heze Intermediate People's Court (20 16) Lu 17 Minte No.6 civil award), or personal information is revealed in the chat record, the probative force can also be strengthened.

Seven, make good use of the "collection" function of WeChat to collect chat records and "backup chat records" function. In addition, in order to avoid deleting some chat records out of context, judges generally compare the chat records in the mobile phones of both parties.

Eight, the following electronic data, unless there is enough evidence to the contrary, the people's court can be presumed to be true: (1) electronic data submitted and saved by the parties against themselves; (2) Electronic data provided or confirmed by a neutral third-party platform for recording and storing electronic data; (3) Electronic data formed in normal business activities; (4) Electronic data saved by means of file management; (5) Electronic data saved, transmitted and extracted in the manner agreed by the parties.