Joke Collection Website - Public benefit messages - Can chat records be used as evidence?
Can chat records be used as evidence?
1, yes.
2. The online chat record can be used as evidence, which belongs to the category of "audio-visual materials", but it belongs to indirect evidence, which has low proof effect and needs to be verified with other evidence. At the same time, online chat records must maintain their objectivity, authenticity, legitimacy and relevance, and the privacy of third parties should not be violated when obtaining evidence from online chat records.
WeChat chat records can be used as evidence, but WeChat evidence is not easy to be the basis for determining the facts of the case. For the time being, regardless of the correlation between the content of WeChat evidence and the facts of the case, WeChat evidence should be accepted.
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's admission. 2. Identification of WeChat avatar or WeChat photo album. 3. The real name of the network, the authentication materials of the electronic data sender or the identity authentication of the owner. 4. The assistance of the third party organization, namely the software supplier.
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.
legal ground
The Supreme People's Court's "Several Provisions on Amending Evidence in Civil Proceedings: Decision"
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 SMS, e-mail, instant messaging and communication group; (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)
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