Can QQ chat records be used as legal basis? QQ chat records cannot be used as evidence. From a legal point of view, QQ is just an illusory online world. Personal information and contact information on the Internet can only be used as a legal basis if they are confirmed accurately.
Can the chat record on QQ be used as a legal basis? QQ chat record is a kind of electronic evidence, but it needs to meet certain legal form requirements when it is quoted. Generally, it needs to be notarized accordingly, and the identities of both parties should be proved when the other party denies it.
Additional laws:
Article 63 of the Civil Procedure Law stipulates that
Evidence includes:
(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.
Article 1 16 of the judicial interpretation of the civil procedure law stipulates that
Audio-visual materials include audio-visual materials and video materials.
Electronic data refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, Weibo, SMS, electronic signature and domain name.
Audio and video materials stored in electronic media shall comply with the provisions of electronic data.
Can QQ chat records be used as legal basis? First, from the technical point of view of legislation, Article 63 of the newly revised Civil Procedure Law of People's Republic of China (PRC) stipulates: "Evidence includes: (1) 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 inspection. " Evidence must be verified before it can be used as a basis for ascertaining facts. Electronic data is a new type of evidence in the newly revised Civil Procedure Law. Electronic data can be attributed to information stored in computers in the form of electronics, electromagnetism and optics. As evidence to prove the facts of the case. QQ chat records are evidence in the form of electronic data, which can be used as legal evidence to confirm the facts after verification. At the same time, according to Article 22 of the Supreme People's Court's Provisions on Evidence in Civil Proceedings: "When investigating and collecting computer data, audio and video recordings and other audio-visual materials, investigators shall require the respondents to provide the original carriers of relevant materials. If it is really difficult to provide the original carrier, a copy can be provided. If a copy is provided, the investigator shall explain the source and production process in the investigation record. " It can be seen that the evidential ability of QQ chat records is no problem and can be used as legal evidence to prove the facts of the case.
Second, from the original intention of legislation, the Civil Procedure Law clearly includes electronic data in the catalogue of evidence, but it cannot exhaust all aspects of evidence. This provision means that electronic data, including e-mails, QQ chat records and even private messages from Weibo, may be presented as legal evidence. Although most QQ chat records are carried out in virtual identities and have virtual contents, from the perspective of evidence, QQ chat records as litigation evidence should meet the following three requirements: ① QQ chat records must be objective and true, which can prove the true situation of the case; (2) QQ chat records must be related to the facts of the case; (3) QQ chat records must be legal, provided by the parties according to legal procedures or investigated, collected and reviewed by legal organs and lawyers according to legal procedures.
Third, from the legislative practice, with the development of computer and network technology, the network has become an indispensable part of people's life, work and business transactions. At the same time, civil disputes caused by network disputes are increasing day by day. Electronic data, a form of evidence based on high-tech electronic media, is bound to enter the judicial field, which poses a new challenge to the existing evidence system in China. In this case, the plaintiff Li provided a large number of QQ chat records of the defendant Wang to prove that the defendant had cheated, and the QQ was nicknamed the defendant himself. At the same time, the letters of guarantee made by the defendant confirmed each other, forming a full and complete chain of evidence, which can prove the relevant facts of the defendant's cheating. Therefore, QQ chat records can become legal evidence to prove the relevant facts of the case in legislative practice.
Can the content of WeChat chat be used as a legal basis? Can be used as evidence or legal basis.
The chat content of WeChat chat records belongs to electronic data in nature. By analyzing the provisions of the Civil Procedure Law, we can see that electronic data is an effective type of evidence, so WeChat chat records can be used as evidence.
As for whether the purpose of proof can be achieved, it depends on the specific content of the chat record, its relevance to the facts to be proved, whether there is other evidence to support it, and the cross-examination opinions of the other party.
code of civil law
Article 63 Evidence includes:
(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.
Does anyone know that QQ chat records and email content can be used as legal basis? Whether it is a civil case or a criminal case, evidence is the only basis for ascertaining the facts. As long as the evidence meets the requirements of "legal source, objective and true content, relevant to the case and legal form", it has the essential characteristics and attributes of evidence and can partially or completely restore the face of the case at that time, so it should naturally be used as the basis for determining the facts of the case. QQ chat records and e-mails are new forms of evidence under the network technology, and their evidential attributes have been confirmed by law. < > clearly stipulates that e-mail and other online letters can be used as attachments to the contract. From this point of view, since it can be used as an annex to the contract, the content of e-mail naturally belongs to one of the contents of the contract when trying contract disputes, and belongs to the category of facts that should be examined and determined. At the same time, the Supreme People's Court's Provisions on Several Issues of Evidence in Civil Litigation clearly stipulates the evidentiality of online chat content and e-mail, and lists electronic data as audio-visual materials of evidence. Just because of the virtual and non-real name of the network, it is difficult to confirm the owner of QQ and the subjects of both parties.
Can QQ chat records be used as legal basis? Article 1 16 of the Interpretation of the Application of People's Republic of China (PRC) Civil Procedure Law stipulates that
Audio-visual materials include audio-visual materials and video materials.
Electronic data refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, Weibo, SMS, electronic signature and domain name.
Audio and video materials stored in electronic media shall comply with the provisions of electronic data.
According to the regulations, QQ chat records can be provided as evidence in litigation, but because electronic data is not easy to save, it is easy to be lost and modified, it is recommended to notarize it.
Can Alipay use transfer records and chat records as legal basis for prosecution when borrowing money? The time point of the chat record coincides with the time point of the transfer record, which can be used as a reference, but generally speaking, this situation is only used as a subsidiary reference. Because the transfer record can only prove that you transferred money to him, not that you lent it to him or returned it to him. Chat records can only prove that you agreed to lend him money, so you must combine two evidences. The number of loans in chat records is the same as that of Alipay transfers, and the time is the same. It would be better if Alipay indicated that it was a loan when transferring money.
Can QQ chat records be used as legal evidence 1? Yes.
2. Collect relevant evidence directly and submit it to the court.
3. Bring a mobile phone or computer with a chat record to the court for live demonstration.
Can QQ chat records be recognized as valid evidence by law? hello
Yes, you can.
This chat record is now allowed to be used as evidence.
Seeking the truth.
hope this helps