Can I only sue with WeChat chat records? As we all know, there are many jurisdictional provisions in civil litigation, and prosecutors need to bring a lawsuit to the law with jurisdiction. By cross-regional prosecution, we mean bringing a lawsuit to a court in different regions. Can the following sharing only be prosecuted with WeChat chat records?
Can only WeChat chat records be prosecuted? 1 1. Can the WeChat chat record be used for filing a case?
Of course.
As evidence, WeChat wants to be recognized and supported by the court, and the following certificates must be completed:
It must be confirmed that the main users of WeChat are both parties;
Ensure the legality of the ways and means to obtain WeChat chat records. Be sure to provide true and complete WeChat evidence, and ensure that there is a connection between WeChat evidence and other evidence to form a complete chain of evidence.
The Civil Procedure Law stipulates that evidence includes electronic data. Evidence must be verified before it can be used as a basis for ascertaining facts.
Article 63 of the Civil Procedure Law of People's Republic of China (PRC) includes the following types of evidence:
(a) Statements 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.
Second, the conditions for filing a case
The filing conditions are divided into civil filing conditions, administrative filing conditions and criminal filing conditions:
Civil filing conditions:
1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
2. There is a clear defendant;
3, there are specific claims and facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
Conditions for bringing an administrative lawsuit:
1, the plaintiff is the relative person or interested party of the specific administrative act, and has the qualification of litigation subject and capacity for litigation;
2. There is a clear defendant;
3, laws and regulations shall apply to the administrative organ for reconsideration, refuses to accept the reconsideration and bring a lawsuit to the people's court, it shall apply for reconsideration according to law;
4, prosecution should belong to the scope of the people's court to accept administrative litigation;
5, the people's court has jurisdiction;
6. The statutory time limit for prosecution has not been exceeded.
Conditions for filing a criminal case:
1, the case is under the jurisdiction of this organ according to law;
2. After reviewing the source materials of the case (complaint, accusation, surrender, etc.). ), there are indeed criminal facts;
3, according to the circumstances of the criminal facts need to be investigated for criminal responsibility. If the case does not belong to its own jurisdiction, it shall be transferred to the organ with jurisdiction.
If there are no criminal facts, or if the criminal facts are obviously minor, criminal responsibility may not be investigated.
Can only WeChat chat records be prosecuted? 2 Can WeChat chat records be used as evidence?
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. Regardless of the relevance between the content of WeChat evidence and the facts of the case for the time being, WeChat evidence must meet two preconditions to be accepted:
1. WeChat users are both parties.
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 acknowledges;
2. Identification of WeChat avatar or WeChat photo album photos;
3, the real name of the network, the authentication materials of the electronic data sender or the identity authentication of the owner;
4. Third-party organizations, namely software suppliers, assist in the investigation.
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.
Second, the integrity of WeChat evidence.
This condition is related to the authenticity and relevance of WeChat evidence, because WeChat evidence is a living fragmented record. If it is incomplete, it may be taken out of context and cannot reflect the complete true meaning of the parties.
Due to the lack of clear authentication rules and specialized electronic evidence authentication institutions, some notarization authentication is flawed, which makes it more difficult for the court to authenticate electronic evidence. Therefore, it is an inevitable demand for the development of WeChat evidence to establish a special electronic data evidence appraisal institution and clarify its certification rules.
The Supreme People's Court's Decision on Revision will be implemented on May 1 2020.
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 short messages, e-mails, instant messaging and communication groups;
(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) Other information stored, processed and transmitted in digital form that can prove the facts of the case.
Can only WeChat chat records be prosecuted? 3. How does the defendant sue in different places?
1. When bringing a lawsuit to the people's court, if the defendant is in a different place, which is only temporary, and the place is not his habitual residence, he shall bring a lawsuit to the court where the defendant resides.
2. If the defendant has his habitual residence in a different place, the plaintiff shall bring a lawsuit to the court of the defendant's habitual residence.
3. Relevant legal basis: Article 21 of the Civil Procedure Law of People's Republic of China (PRC) * * * A civil lawsuit brought against a citizen under the jurisdiction of a general region shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence. A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled. If the domicile and habitual residence of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.
Second, what are the circumstances of exclusive jurisdiction of civil litigation?
Exclusive jurisdiction means that the law stipulates that some special types of cases are under the exclusive jurisdiction of a specific court. Exclusive jurisdiction is exclusive jurisdiction, which not only excludes the jurisdiction of any foreign court, but also excludes the parties from choosing other domestic courts through agreement. China's civil procedure law stipulates jurisdiction over three types of litigation:
(1) A lawsuit brought by a real estate dispute shall be under the jurisdiction of the people's court where the real estate is located.
(2) A lawsuit brought over a port operation dispute shall be under the jurisdiction of the people's court where the port is located.
(3) A lawsuit brought in connection with an inheritance dispute shall be under the jurisdiction of the people's court in the place where the decedent died or where the main heir lived.