Jiemu News March 4 (Reporter Zhao Delong) In recent years, with the popularization of smart phones, online communication has increasingly become part of people's lives. WeChat has a large number of user groups of all ages, and its design of expressions, in the process of communication, can often achieve the effect of "words are endless".
However, for the same network emoji, depending on the person and the context, it can be sent to the other side with "different interpretations". The most typical is the "smile" emoji, which is considered friendly by the elders and "mocking" by the young.
In 2020, a student in Guangdong sent two "knocking" emoticons in the WeChat group, and the teacher thought the emoticon was impolite, and ordered him to write a review, which led to heated discussions among netizens.
It is undeniable that emoticons born in the virtual world are gradually integrated into our actual lives. At the same time, also appeared in many court judgments and other judicial documents, become a part of the "evidence".
Lawyers believe that WeChat emoticons can be used as evidence. It is recommended that netizens be more cautious when using emoticons in the future.
Do you get the wrong idea because of WeChat emojis?
In April 2020, a student in Guangdong sent sent two knockout emojis in a WeChat group, and the teacher thought the emojis were impolite and criticized and ordered him to write a review. After the incident, the school vice principal told the media that the teacher thought the student wanted to hit her, and afterwards the two sides have eliminated the misunderstanding.
The misunderstanding caused by the use of expression in real life is not an isolated case. Extreme eye news reporter found that in the WeChat emoji, a laughing emoji has a variety.
"Smile," "pleasant," "show your teeth," "sneer" "bad smile" "sinister" these virtual space and "smile" related to the expression, with the network signal transmission to each other, often due to different contexts, communication objects are different, may be the other side to understand the The information is different.
Ms. He is a 95-year-old white-collar worker in Hubei, and in her opinion, the smile expression represents a negative meaning of "huh" and "mockery". However, many elders believe that the expression means friendly.
"Young people still love to express their feelings for each other," Ms. He said. Ms. He said that especially sometimes when communication encounters obstacles, hair can ease the awkward atmosphere, and the fight has become a form of entertainment for everyone.
"It has to be combined with the specific context and communication object." Mr. Wan, a businessman in Wuhan, said that between relatively close friends, it is not easy to cause misunderstandings when posting love. But if the two sides are not intimate relationship, especially for customers, elders, leaders, should be careful to use, so as to avoid "all the damage".
For the "smile" emoji, Mr. Wan said that the emoji is comparable to the "Mona Lisa's smile", which is understood by everyone, and is best used with caution.
Emoticons written in the judgment
Network communication is increasingly into people's lives and work, because the network symbols have a fuzzy, and many of the disputes and disputes related to them have been written into the court judgment.
Judgement instruments network shows that in 2020, Li Yun (a pseudonym, female) to find Zhang Cheng (a pseudonym) 3 times to borrow 24,000 yuan. The first time to borrow 10,000 yuan, and issued a loan note. That night, Li Yun and then find Zhang Cheng borrowed five thousand dollars.
Because of the failure to open a loan note, Zhang Cheng sent a WeChat message to Li Yun, "10,000 yuan in the morning, and now 5,000 yuan, a **** borrow you 15,000 yuan."
Li Yun to WeChat emoticon "smiley face" as a reply. The two later disputes arising from the loan to the court. Zhang Cheng submitted to the court loan notes, call records and two WeChat screenshots and other related evidence.
The court found that the legal relationship between the two borrowing is effective, Zhang Cheng submitted evidence to form a complete chain of evidence, can prove that Li Yun borrowed 24,000 yuan of unreimbursed facts.
WeChat emoji also appeared in the text of the criminal judgment. Hainan man Qu Hao (a pseudonym) and cohabitating woman Li Mei (a pseudonym) has been bad feelings, the two people in 2016 in Qingcheng District, Qingyuan, Guangdong Province, due to emotional problems in the dispute.
Qu Hao statement, a late night in April of that year, because Li Mei and Guangxi men sent each other late at night "ambiguous expression", he was angry, holding a knife will kill Li Mei.
The Intermediate People's Court of Qingyuan City, Guangdong Province, after the case, the first trial that Li Mei on the tragedy, does not have the criminal law sense of fault.
The defendant appealed to the Higher People's Court of Qingyuan City, Guangdong Province, ultimately concluded that the case is caused by emotional disputes and family life conflicts, but not enough to the defendant again light sentence.
WeChat emoticons can be used as evidence
Zhou Zhaocheng, a lawyer at Beijing Law Firm, believes that China's "Civil Procedure Law," Article 63, which states that evidence includes "electronic data". This shows that in civil litigation evidence, electronic data is the form of evidence provided by law (administrative litigation, criminal proceedings, the same reason).
The Supreme People's Court on the application of the Chinese People's Republic of China *** and the National Civil Procedure Law, pointed out that the electronic data refers to the electronic mail, electronic data interchange, online chat records, blogs, microblogs, cell phone text messages, electronic signatures, domain names, etc. formed or stored in the electronic media information.
"WeChat emoticons can be completely used as evidence, there are provisions in the law, and the relevant jurisprudence can also be corroborated." Zhou Zhaocheng lawyer said, WeChat emoticon use should be combined with other evidence materials, it is best to form a complete chain of evidence; at the same time, according to the facts of the case to make a comprehensive judgment.
Zhejiang Rongzhe Law Firm Wang Wen lawyer believes that the network expression has ambiguity, the judge combined with the facts of the case and other evidence to make a comprehensive judgment, so the network expression to become evidence is not inappropriate. Network expression is written into the judgment is also in line with the development of the times. In our daily lives, we should be more cautious about using emoticons, and in important conversations, we should try to use words to express our true intentions.
The network era is reconfiguring meaning
Professor Hu Yirong, deputy dean of the School of Literature and Journalism at Sichuan University and a doctoral supervisor, believes that network emojis have likenesses (or imagery), are intuitive and imaginative, and can give netizens a primitive environment to create words, making everyone a Cangjie.
"The Internet age is reconfiguring meaning." Hu Yirong said, for example, in traditional Chinese characters, awkward, prunus, etc. was changed from its original meaning, the netizens' freedom of creation was released. This is also an important reason why network emoticons are popular among netizens.
Hu Yirong said that court evidence is a serious text that we usually understand as "telling the truth", while the network symbols are a kind of "not serious or fictional" text.
Network emoticons become court evidence is of great significance, it shows that the "virtual world of the network" life normalization, especially the legal significance of the text recognition, means that the network emoticons become an integral part of our "language".
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