Yesterday afternoon, the newspaper "The Lawyer Came" opened an electronic evidence consultation hotline, and many readers scrambled to call for consultation. Chen Hongyi and Wang Minhui of Fujian Zihui Law Firm and Zheng Jingyun, an intern lawyer of the firm, patiently answered these questions related to electronic evidence for readers. At the same time, the lawyer team also accepts online consultation from readers through the micro-signal "xmlsll". Lawyer Lin Minhui, director of Fujian Zihui Law Firm, and lawyer Chen Qibin of Fujian Diange Law Firm also answered readers' questions respectively.
Journalists and lawyers selected representative questions and cases from readers' consultation, and summed up the "six questions" of electronic evidence.
1 q
QQ chat record, can it be used as evidence?
Ms. Li: Can QQ chat records and Tik Tok be used as evidence of extramarital affairs? I recently opened my husband's QQ chat record and found that he was having an affair with a woman. And photos of their intimate behavior in Tik Tok. I want to sue for divorce now. Can I use QQ records and Tik Tok as evidence?
Chen Qibin: QQ chat records belong to instant messaging information, and Tik Tok belongs to video electronic files, both of which belong to the category of electronic evidence. Ms Li Can submitted the above two types of electronic evidence to the court to prove the fact that the other party had an affair. Of course, since the original carriers of the above two types of evidence are not owned by Ms. Li herself, it is suggested that Ms. Li notarize and preserve the above two types of electronic evidence to avoid the evidence being deleted artificially or lost for other reasons. In addition, even if QQ chat records and Tik Tok's evidence collection infringe on others' privacy rights, both husband and wife should fulfill their loyalty obligations after marriage. Ms. Li's husband first violated the duty of loyalty between husband and wife. When there is a conflict between the right to privacy and the right to know between husband and wife, the right to know should be given priority.
Two questions
Can WeChat loan records be used as evidence for debt collection?
Yu Laobo: An old colleague lent me 65,438+10,000. He sent me a message through WeChat, which stated the borrower's name, loan amount and repayment period. After the loan period expired, he said that he had no money for the time being, but he wrote me an "IOU". Later, because my old colleague never paid me back, I sued the court. However, in court, my old colleague said that he didn't sign the "IOU". What should I do?
Chen Qibin: WeChat content is instant messaging information of network application services, which belongs to the category of electronic evidence. If Yu Laobo still keeps the loan information sent by the other party through WeChat, he can take screenshots of the loan information on WeChat and the main information of both parties' WeChat, and issue the content of mobile phone WeChat for the court to check at the court session. At the same time, Yu Laobo can also show the other party's courier box and face sheet, courier query results and so on. To prove that the paper IOU was delivered by the other party, so even if the IOU is not signed by myself, it does not affect the establishment of the loan contract relationship.
3 q
Can I claim compensation after signing the mail?
A company: one month before the expiration of the labor contract, the human resources department of our company sent an email to employees, saying that the original labor contract salary and other contents remained unchanged and the work place was changed to Fuzhou office. If possible, please reply to the email to confirm "consent", and the original labor contract will take effect. At that time, Shen said "agree" and replied to the email. Recently, however, Shen proposed to terminate the labor contract on the grounds that the company did not sign a written labor contract, and asked the company to pay twice the wage difference of the unsigned labor contract. Can Shen's statement be established?
Chen Qibin: The written form of a contract, as stipulated in the contract law, refers to the forms that can tangibly express the content, such as contracts, letters, data messages (including telegrams, telex, faxes, electronic data interchange and e-mails). Therefore, it is not required that a written labor contract is a paper labor contract. After replying to "Agree" by Shen E-mail, it is a commitment to the contents of the E-mail of Human Resources Department. The e-mail content exchanged by both parties is the communication information of network application service, which belongs to the scope of electronic evidence. The letters and contents of the original written labor contract are an integral part of the new written labor contract between both parties. Therefore, Shen's claim that the unit must compensate twice the wage difference because it has not signed a written labor contract cannot be established.
Four questions
Can WeChat records be used as evidence of cheating?
Ms. Huang: I recently saw the WeChat chat record between my husband and a woman, only to know that he has been cheating on me for many years. If I sue for divorce, can his WeChat chat record prove that he cheated?
Zheng Jingyun: According to the Supreme People's Court's regulations on evidence in civil proceedings, WeChat chat records can be used as evidence. If a party provides electronic evidence, it shall fix the content by taking screenshots, taking photos, recording or video recording, etc., and submit the numbers of the paper printed matter and audio-visual storage carriers (U disk and CD) of the corresponding pictures to the court. It should be noted that if you provide chat records such as WeChat, Weibo and QQ as evidence, you should use screenshots to fix the user's personal information interface.
Five questions
Can chat records be used as evidence?
Mr. Xie: Can all the chat records be used as evidence?
Chen Hongyi: First of all, according to the Supreme People's Court's Proposal on Amending Decisions, electronic data used as evidence refers to information stored, processed and transmitted in digital form that can prove the facts of a case, so electronic data can only be used as evidence if it can prove the facts of a case. Secondly, electronic data are easy to be deleted and tampered with, so it is suggested that electronic data be notarized. Electronic data that has not been notarized by the notary office may not be recognized by the court. Alternatively, you can apply to the court for evidence preservation according to law.
Six questions
What are the conditions for WeChat to testify?
Ms. Wu: What are the conditions for using WeChat records as evidence?
Lin Minhui: To be accepted by the court, WeChat evidence must meet three preconditions.
The first is to prove that WeChat users are both parties. Because WeChat has not been certified by the 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.
The second is the integrity and authenticity of WeChat evidence. If it is incomplete, it may be taken out of context and cannot reflect the complete true meaning of the parties.
Finally, the ways and means to obtain WeChat chat records should be legal.
Related case
Wechat records prove that her husband cheated.
Taihai Net 65438+10.2 (Straits reporter Chen Jie) WeChat record, can it prove that her husband cheated? Previously, the Siming District Court had heard such a lawsuit of "WeChat testifying". In the end, the WeChat chat record became the key evidence to prove the derailment.
Ms. Zhang and Mr. Lin are both in their thirties. A few years ago, after looking through Mr. Lin's mobile phone, Ms. Zhang found that Mr. Lin frequently chatted with a woman on WeChat, and the call records also showed that they had frequent contact and close relationship.
According to the WeChat chat record provided by Ms. Zhang, Mr. Lin told the woman: "I don't have her in my heart. I don't love her at all. It feels so tired to live in such a home."
These WeChat chats show that Mr. Lin is very close to women outside marriage and has surpassed normal colleagues. To this end, the contradiction between husband and wife intensified, which eventually led to the wife moving out of the original place and suing for divorce.
The judge analyzed the relevant WeChat chat records and found that Mr. Lin "seriously violated the loyalty obligation of husband and wife" and the relationship between husband and wife had broken down. In the end, the court's first-instance judgment supported the plaintiff's divorce appeal.