WeChat chat records can be used as litigation evidence under certain circumstances, but the premise must meet the "three properties" of litigation evidence.
First of all, WeChat chat records must be objectively authentic as evidence. Objective authenticity means that litigation evidence must be objective facts that can prove the true truth of the case and do not rely on subjective consciousness. WeChat chat records should be formed during the civil activities carried out by the parties, their contents can be known by the other party, and they can be copied and reproduced in certain ways.
Secondly, WeChat chat records as evidence must have a certain correlation with the facts of the case. Relevance means that the facts used as evidence not only have an objective existence, but also must be logically connected with the facts to be found in the case, so that they can explain the facts of the case. The content of the WeChat chat record itself must be related to the facts of the case.
Third, WeChat chat records must be legal. Legality means that evidence must be provided by the parties in accordance with legal procedures, or investigated, collected and reviewed by legal agencies and lawyers in accordance with legal procedures. As a new type of evidence, the collection of WeChat chat records as evidence should be different from the collection of ordinary evidence. Whether it is provided by the parties or collected by the people's court on its own initiative, it must comply with the procedures prescribed by law. In addition, Chinese law implements a limited list of types of evidence. Therefore, the use of WeChat chat records as evidence must comply with the legal form.
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The online chat was conducted in a virtual identity, and this evidence cannot be identified as the defendant’s own chat record. In addition, due to the ease of editing and modification of electronic data, most of the chats between the two are also private chats, making it difficult to ensure the authenticity of the chat records. Lawyers from Find a Lawyer believe that WeChat chat records are a type of evidence, but their evidence effectiveness is low. The reason is: WeChat chat is virtual content, and it is difficult to obtain evidence, and it is difficult to prove that the WeChat nickname is the person you want to sue. Therefore, the WeChat chat record must meet the evidence requirements when submitted to the court. It can be reviewed by Legal Cat Lawyer according to the specific case. timely and effective collection with the assistance of