What are the manifestations of the evidence of WeChat chat in the lawsuit?

As the most commonly used communication tool at present, what kind of WeChat records can be used as effective evidence? Can I take some photos as evidence in court?

According to the form of WeChat record, WeChat evidence can be divided into text WeChat record, picture WeChat record, voice WeChat record, video WeChat record, network connection and transfer payment information.

Text wechat record. Including the chat records of WeChat friends, the texts published by WeChat friends circle, and the published text files and articles published by WeChat official account. This kind of record is the most common and abundant content in WeChat, such as the common "WeChat IOUs".

Picture wechat record. Including pictures reproduced, produced and photographed when chatting with WeChat friends, publishing WeChat friends circle and WeChat official account, and various expressions used.

Voice wechat record. Including information in the form of voice in chatting with WeChat friends, publishing WeChat friends circle and WeChat official account articles.

Video wechat recording. Including chatting with WeChat friends, and reprinting, making and shooting videos in the process of publishing WeChat friends circle and WeChat official account.

Network link record. Including chatting with WeChat friends and posting the network links sent in the process of WeChat friends circle and WeChat official account. The biggest difference of this kind of WeChat record is that the content of the link is made by the third party or the sender in advance.

The payment transfer information generated when using the payment, transfer and red envelope functions is a kind of WeChat evidence, which is mainly generated when using the WeChat payment function.

As we all know, a lawsuit is to fight for evidence. Evidence is the basis of deciding a case. Generally speaking, there are evidence materials first, and then they are transformed into the basis for finalizing the case through legal procedures, forming what we call evidence.

China's civil procedure law stipulates eight kinds of evidence: documentary evidence, material evidence, audio-visual materials, electronic data, statements of parties, testimony of witnesses, expert opinions and records of inquests. 20 19 evidence regulations can be said to have added many new contents to the types of evidence legislation.

The new "Civil Evidence Provisions" has made specific and detailed provisions on the scope of electronic data, the rules of examination and judgment of electronic data, and the rules system of electronic data evidence, which has positive legal significance for protecting the legitimate rights and interests of the parties and effectively solving disputes. Among them, the types of electronic data are refined, including five categories:

(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.

1. So is electronic data important in the trial? We know it through cases.

Case 1: WeChat chat records can confirm the creditor-debtor relationship.

The plaintiff Mr. Zhong and the plaintiff Ms. Zhang are husband and wife, and the defendant Mr. Yang and the third person Mr. Ji are high school alumni. On February 26th, 20 18, the defendant, Mr. Yang, demanded 50,000 yuan of working capital from the plaintiff, Mr. Zhong, and said that he would return it before October 3rd, 20 19/kloc-0, and pay interest. 20 18 18 On February 27th, the plaintiff, Mr. Zhong, and the defendant, Mr. Yang, confirmed that Ms. Zhang borrowed 50,000 yuan from a third person, Mr. Ji, through Alipay. Because the original defendant had known each other for a long time, the plaintiff did not ask the defendant to issue an iou. The defendant failed to repay the loan at the agreed time, and Mr. Zhang took him to court. Therefore, in addition to borrowings, WeChat transfer records and dunning dialogue records are also important evidence.

The liandu People's Court of Lishui City, Zhejiang Province held that the chat record between the defendant Mr. Yang and the plaintiff Mr. Zhong and the payment voucher of the plaintiff Ms. Zhang could prove that the defendant Mr. Yang borrowed RMB 50,000 from the plaintiff Mr. Zhong, and the facts were clear, so the defendant Mr. Yang had the obligation to repay. The first instance ruled that the defendant repaid the plaintiff's loan principal and paid interest.

Case 2: WeChat chat records can confirm the establishment of online shopping contracts.

The plaintiff, Ms. Gao, and the defendant, Ms. Hou, negotiated the price and quantity of masks through WeChat chat, and agreed that the defendant would sell the masks to the plaintiff, and the plaintiff would pay the payment to the defendant. Therefore, this case should be a typical online shopping contract dispute, and it can be confirmed that the sales contract between the original defendant and the defendant was established and came into effect according to law. The plaintiff has paid the defendant in full, and the defendant should bear the corresponding civil liability for not delivering the goods to the plaintiff, so the plaintiff has the right to ask the defendant to return the payment and claim compensation for the losses.

After trial, the People's Court of Suining County, Jiangsu Province held that the plaintiff had paid the full amount of the goods to the defendant, and the defendant should bear the corresponding civil liability for not delivering the goods to the plaintiff, so the plaintiff had the right to demand the defendant to return the goods and claim compensation for the losses. The defendant, Ms. Hou, returned the plaintiff, Ms. Gao, the payment for goods and the loss of interest within ten days after this judgment came into effect.

2. After the new Civil Evidence Ordinance is revised, which cases will often use electronic data?

With the advancement of information technology, electronic technology has entered the public's life and changed all kinds of communication methods in this era. A lot of evidence in litigation is presented in the form of electronic data, which is common in disputes caused by private lending, online shopping and other cases, and electronic data is widely used. In most cases, the evidence that the parties can provide is almost only WeChat chat records and online transfers. Therefore, all parties need to know how to extract and save electronic data and how to use it as evidence.

3. So how to save electronic data?

If a party takes electronic data as evidence, it shall submit the original, and a copy made by the producer of electronic data that is consistent with the original, or a printed copy directly derived from electronic data or other output media that can be displayed and identified shall be regarded as the original of electronic data. In a word, even electronic data should be submitted in the original. If the producer makes a copy that is consistent with the original, or some printed copies directly from electronic data or an output medium that can be displayed and recognized, we regard him as the original, which is the submission and preservation of electronic data. For example, the print volume of WeChat chat records is regarded as the original, and electronic data can be regarded as the original as long as it is printed and transmitted.

Internet has been closely related to our life and has become an indispensable part of our life. It not only provides convenience for us, but also records the bits and pieces of our lives. Therefore, we should pay attention to the collection and storage of electronic information in case of emergency.

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Voice wechat record. Including information in the form of voice in chatting with WeChat friends, publishing WeChat friends circle and WeChat official account articles.

Video wechat recording. Including chatting with WeChat friends, and reprinting, making and shooting videos in the process of publishing WeChat friends circle and WeChat official account.

The payment transfer information generated when using the payment, transfer and red envelope functions is a kind of WeChat evidence, which is mainly generated when using the WeChat payment function.