Legal basis: Article 40 of the Constitution of People's Republic of China (PRC). China citizens' freedom and privacy of communication are protected by law. When public security organs and procuratorial organs check communication according to the procedures prescribed by law, no organization or individual may infringe upon citizens' freedom and privacy of communication for any reason, except for the needs of national security or criminal investigation.
The evidence in Article 63 of the Civil Procedure Law of People's Republic of China (PRC) 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.
Article 1079 of the Civil Code of People's Republic of China (PRC) * * * If one of the husband and wife requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
Answered on May 25, 2022
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When suing for divorce, can I ask the other party's social platform to record it?
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When suing for divorce, can I ask the other party's social platform to record it?
Legal analysis: Divorce litigation is a general civil litigation, and the principle of civil litigation is who advocates who gives evidence. If the plaintiff wants to sue, he must provide evidence. The police will only take the initiative to collect evidence when dealing with criminal cases, while divorce is a civil case. Even if the plaintiff applies to the court, the judges of the court generally do not collect WeChat records, and the judges have no right to collect the communication records of the defendant at all. If it has a big relationship with the case, it will agree to retrieve the call record, but it will not be retrieved if the content cannot be retrieved. The probative force is relatively weak, and it is more difficult to use as evidence. We need to know the specific situation in order to make an accurate analysis. In divorce proceedings, the court may require both parties to show the chat records of social platforms on their mobile phones, but generally do not collect chat records from operators. Even if the parties apply to the court, the judges of the court will generally not consult the records. Legal basis: Article 40 of the Constitution of People's Republic of China (PRC). China citizens' freedom and privacy of communication are protected by law. When public security organs and procuratorial organs check communication according to the procedures prescribed by law, no organization or individual may infringe upon citizens' freedom and privacy of communication for any reason, except for the needs of national security or criminal investigation. The evidence in Article 63 of the Civil Procedure Law of People's Republic of China (PRC) 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. Article 1079 of the Civil Code of People's Republic of China (PRC) * * * If one of the husband and wife requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
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