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Can WeChat chat records be used as evidence?
The legitimacy of evidence is 1, and the form of evidence conforms to the law; 2. The evidence collection process is in compliance with the law; 3. Evidence must be examined through legal procedures. According to Article 63 of the Civil Procedure Law, there are the following kinds of evidence: (1) statements by the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Inspection records. According to the above provisions, WeChat voice belongs to recorded evidence and belongs to the category of audio-visual materials in the category of evidence, and its form complies with the law. Can WeChat chat records be used as evidence? Article 68 of the Supreme People's Court's "Several Provisions on Evidence in Civil Proceedings" stipulates: "Evidence obtained by infringing on the legitimate rights and interests of others or violating the prohibitive provisions of the law cannot be used as the basis for determining the facts of the case." This is the exclusionary rule of illegal evidence in civil cases, and emphasizing the legality of evidence acquisition is the prerequisite for whether it can become evidence. Therefore, verbal evidence obtained through illegal detention, violence, deception, threats and other means. It should be excluded, and evidence obtained in the form of sneak shots or secret recordings can be used as evidence without infringing on the privacy of others. Wechat voice was recorded when both parties to the lawsuit knew the recording facts. It does not belong to the category of candid camera shooting, secretly recording and invasion of privacy, and can be used as evidence. Is WeChat voice proved? The recorded evidence should not only be legal to be submitted to the court for cross-examination, but also have certain probative force. The legality of evidence does not mean that it has probative effect. The proof function of evidence is embodied in the following aspects: legitimacy, objectivity and relevance. Legitimacy focuses on procedural justice and balances the interests of all litigants by excluding illegal evidence. Objectivity is objective factual material, not subjective speculation. Relevance is related to the facts to be proved and is an important criterion to judge the probative force of evidence. In practice, the pronunciation of WeChat has the effect of proof, and the following conditions should be met at the same time: First, make good use of the "collection" function in WeChat to save the original records. Wechat is a software attached to a specific mobile phone terminal, and its chat record is very easy to lose. If you delete it carelessly, the phone is lost or formatted, it may lead to the loss of voice data. So pay attention to collecting voice records, which may be useful in the future. At the same time, the recording should be unprocessed, continuous and true. For the convenience of storage and transmission, many litigants copy the recorded materials to CD or disk, and delete the original recordings. This is a very risky behavior. Once the other party does not approve the evidence, it is impossible to verify the authenticity of the evidence. Second, the content recorded in WeChat voice materials should be as clear and accurate as possible, and both sides expressed their opinions on the issues discussed. Therefore, the identities of voice parties should be reflected in WeChat voice. Only by determining the subject first can we talk about the relationship between the two parties and what happened through WeChat voice. Third, in addition to the recorded evidence, other evidence should be fully provided to support it. Because the recorded evidence is changeable and difficult to identify, it is not enough to use it as a basis for judgment.
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