Can WeChat chat records be used as evidence?

The Civil Procedure Law clarifies that electronic data is the legal type of evidence, and the Judicial Interpretation of the Civil Procedure Law further clarifies that electronic data refers to information formed or stored in electronic media through e-mail, online chat records of electronic data, blogs, Weibo, SMS, electronic signatures, domain names, etc. The information on WeChat platform exists in the form of electronic data, which belongs to the scope of evidence stipulated by the Civil Procedure Law. Therefore, as one of the electronic data, WeChat chat records can certainly be used as evidence. However, in order to be used as legal evidence, WeChat chat records must meet the following two conditions:

1. can prove that the user of WeChat is one of the parties. If it can't be proved, the WeChat chat record has nothing to do with this case, so it can't be used as evidence.

2. WeChat chat record is complete. Chat records taken out of context cannot be used as evidence.

legal ground

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.

Evidence in Article 63 of the Civil Procedure Law of People's Republic of China (PRC) includes:

(a) 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.