Legal basis: Article 40 of the Constitution of the People's Republic of China. The freedom of communication and communication privacy of Chinese citizens are protected by law. When public security organs and procuratorial organs inspect communications in accordance with the procedures prescribed by law, no organization or individual may infringe on citizens' freedom of communication and confidentiality of communications for any reason, except for the needs of national security or the investigation of criminal crimes.
Article 63 of the "Civil Procedure Law of the People's Republic of China" Evidence includes: (1) Statements of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic evidence Data; (6) Witness testimony; (7) Appraisal opinions; (8) Inspection records. Evidence must be verified to be true before it can be used as a basis for determining facts.
Article 1079 of the Civil Code of the People's Republic of China* * *If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court. When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted. If mediation fails under any of the following circumstances, divorce shall be granted: (1) Bigamy or cohabitation with others; (2) Domestic violence or abuse or abandonment of family members; (3) Gambling, drug abuse and other bad habits; (4) ) Separated for more than two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marital relationship. If one party is declared missing and the other party files for divorce, the divorce shall be granted. After the people's court rules that divorce is not allowed, if the two parties have lived apart for one year and one party files divorce proceedings again, the divorce shall be granted.
Answered on May 25, 2022
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When suing for divorce, can I request the other party’s social platform records?
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When suing for divorce, can I request the other party’s social platform records?
Legal analysis: Divorce litigation is a general civil litigation, and the principle of civil litigation is whoever advocates must provide evidence. If the plaintiff wants to sue, he must provide evidence. The police will only proactively collect evidence in criminal cases, whereas divorce is a civil matter. Even if the plaintiff applies to the court, the court judge will generally not collect WeChat records, and the judge has no right to collect the defendant’s communication records at all. If it is closely related to the case, they will agree to retrieve the call records, but if the content cannot be retrieved, they will not be retrieved. The probative power is relatively weak and is more difficult to use as evidence. We need to understand the specific situation to make an accurate analysis. In divorce proceedings, the court may require both parties to produce social platform chat records on their mobile phones, but generally chat records will not be collected from operators. Even if a party files an application with the court, the court judge will generally not review the records. Legal basis: Article 40 of the Constitution of the People's Republic of China. The freedom of communication and communication privacy of Chinese citizens are protected by law. When public security organs and procuratorial organs inspect communications in accordance with the procedures prescribed by law, no organization or individual may infringe on citizens' freedom of communication and confidentiality of communications for any reason, except for the needs of national security or the investigation of criminal crimes. Article 63 of the "Civil Procedure Law of the People's Republic of China" evidence includes: (1) Statements of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Witness testimony ; (7) Appraisal opinions; (8) Inspection records. Evidence must be verified to be true before it can be used as a basis for determining facts. Article 1079 of the Civil Code of the People's Republic of China* * *If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court. When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted. If mediation fails under any of the following circumstances, divorce shall be granted: (1) Bigamy or cohabitation with others; (2) Domestic violence or abuse or abandonment of family members; (3) Gambling, drug abuse and other bad habits; (4) ) Separated for more than two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marital relationship. If one party is declared missing and the other party files for divorce, the divorce shall be granted. After the people's court rules that divorce is not allowed, if the two parties have lived apart for one year and one party files divorce proceedings again, the divorce shall be granted.
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