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Can WeChat chat records be used as evidence?

Yes "WeChat chat records can be used as legal evidence. WeChat chat records must meet the evidence requirements when submitted to the court: 1. WeChat chat records must be objectively authentic as evidence. 2. WeChat chat records as evidence It must have a certain relevance to the facts of the case. 3. WeChat chat records must be legal.”

For WeChat evidence to be accepted, two prerequisites must be met:

WeChat evidence. The users are both parties.

Because WeChat is not a real-name system, if it cannot be proved that the person using WeChat is a party involved, the WeChat evidence will not be legally relevant to the case. There are currently four main ways in judicial practice to identify the identity of WeChat users:

1. Self-identification by the other party;

2. Identification of WeChat avatars or WeChat album photos;

3. Network real-name, electronic data issuer authentication materials or identity authentication of the machine owner;

4. Assistance in investigation by third-party organizations, namely software suppliers.

The first two methods are obviously accidental and cannot be used as normal confirmation methods. The latter two methods both involve third-party technical assistance from the software supplier company, but have not yet formed a healthy operating process. Naturally, It is not as simple as everyone imagines to submit a WeChat record by yourself.

Integrity of WeChat evidence.

This condition concerns the authenticity and relevance of WeChat evidence, because WeChat evidence is a fragmented record of daily life. If it is incomplete, it may be taken out of context, and it cannot reflect the complete true expression of the parties' intentions.

Due to the lack of clear certification rules and a specialized electronic evidence appraisal agency, some notarizations and appraisals have flaws, which makes it more difficult for the court to authenticate electronic evidence. Therefore, establishing a specialized electronic data evidence appraisal agency and clarifying its certification rules is an inevitable requirement for the current development of “WeChat” evidence.

In November 2012, Ajuan transferred 950,000 yuan to Awei, and Awei issued a note to Ajuan that read: "We have received a bank remittance of 900,000 yuan and a cash of 50,000 yuan from Ajuan." "Loan IOU" and sign and seal on the "Loan IOU". After that, Ajuan repeatedly asked Awei to repay the loan, and Awei repaid 27,000 yuan in two installments, leaving the rest unpaid. For this reason, Ajuan sued the court, requiring Awei to repay the loan principal of 923,000 yuan and interest, and submitted evidence such as transfer vouchers, "Loan IOUs", and WeChat chat records. The court held that Ajuan’s statement could be corroborated with the transfer records and WeChat chat records, and that Awei refused to appear in court to respond to the lawsuit without justifiable reasons after being summoned by the court. In the absence of evidence to overturn Ajuan’s statement, the court found that both parties There is a private lending relationship between them. Ajuan*** provided a loan principal of 950,000 yuan to Awei. Awei has paid off 27,000 yuan and still owes a loan principal of 923,000 yuan. Therefore, the court ruled that Awei should repay the loan principal of 923,000 yuan and interest to Ajuan. .

Screenshots of WeChat chats can be used as evidence, but whether they can be accepted depends on the actual situation; chat records used as evidence must ensure legality, authenticity, and relevance; the original carrier must be preserved ( Mobile phone), can perform notarization and preserve evidence when necessary to avoid the loss of important evidence.

Legal basis:

The "Decision of the Supreme People's Court on Amendments" came into effect on May 1, 2020

Article 14 Electronic data includes the following information, Electronic documents:

(1) Information published on web pages, blogs, microblogs and other online platforms;

(2) Mobile phone text messages, emails, instant messaging, communication groups and other networks Communication information of application services;

(3) User registration information, identity authentication information, electronic transaction records, communication records, login logs and other information;

(4) Documents, pictures, Electronic files such as audio, video, digital certificates, and computer programs;

(5) Other information stored, processed, and transmitted in digital form that can prove the facts of the case.