Can WeChat chat records be used as evidence?

Yes, "WeChat chat records can be used as legal evidence. WeChat chat records must meet the evidence requirements when submitted to the court: 1, and WeChat chat records must be objective and true as evidence. 2. As evidence, WeChat chat records must be related to the facts of the case. 3. WeChat chat records must be legal. "

To accept WeChat evidence, two preconditions must be met:

Wechat users are both parties.

Because WeChat is not a real-name registration system, if the user of WeChat cannot be proved to be a party, the evidence of WeChat cannot be legally related to the case. There are four main ways to confirm the identity of WeChat users in current judicial practice:

1, the other party acknowledges;

2. Identification of WeChat avatar or WeChat photo album photos;

3, the real name of the network, the authentication materials of the electronic data sender or the identity authentication of the owner;

4. Third-party organizations, namely software suppliers, assist 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.

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.

20 12, 1 1, A Juan transferred 950,000 yuan to awei, and awei issued a loan receipt to A Juan, which read: "We have received a remittance of 900,000 yuan from A Juan Bank, with cash of 50,000 yuan only" and signed the loan receipt. Since then, A Juan has repeatedly asked awei to pay off the loan, and awei has repaid 27,000 yuan in two installments, and the rest has not been repaid. To this end, A Juan appealed to the court, demanding that awei return the loan principal of 923,000 yuan and interest, and submitted evidence such as transfer vouchers, loan receipts, and WeChat chat records. The court held that A Juan's statement, transfer records and WeChat chat records can be mutually confirmed, and awei refused to appear in court without justifiable reasons after being summoned by the court. In the absence of evidence to refute A Juan's statement, it is determined that there is a private lending relationship between the two parties. A Juan provided awei with a loan principal of 950,000 yuan, awei paid off 27,000 yuan, and still owed a loan principal of 923,000 yuan. Therefore, the court ordered awei to repay the loan principal of 923,000 yuan and interest to Ajuan.

Screenshots of WeChat chat can be used as evidence, but whether it can be accepted depends on the actual situation; Chat records used as evidence must ensure legality, authenticity and relevance; Be sure to keep the original carrier (mobile phone) and notarize the evidence when necessary to avoid the loss of important evidence.

Legal basis:

The Supreme People's Court's decision on revision came into effect on May 1 2020.

Article 14 Electronic data include 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.