According to the law, digital information that can prove the factual information of the case, such as WeChat chat records, emails, text messages, pictures and other information, has legal effect. But before that, several conditions must be met, such as the identity information of both parties, whether it is legal, and whether the chat record is related to the case. , otherwise it will not be used as evidence.
If you intend to use chat records as evidence, you must use the original materials, that is, the materials on the APP. Taking screenshots of relevant content is equivalent to losing authenticity and legal effect and cannot be used as evidence.
1, related digital information laws pay attention to evidence, and only enough evidence can prove anything. Moreover, China also has relevant regulations on evidence in civil proceedings, including some electronic data and documents.
Information released by the network platform, short messages and emails, identity information and communication records, audio and video and other common contents. Although these evidences are stored in digital form, they are also information to prove the facts of the case. As long as we guarantee the authenticity of these contents, they have legal effect. However, it should be noted that the electronic data must be the original. Anything that has been explicitly modified or edited cannot be used as evidence.
2, meet three conditions If you want to use chat records as evidence, you need to meet three conditions: authenticity, legality and relevance.
Authenticity is the identity of both parties. Be sure to ensure that the account is the other party's, such as the mobile phone number and real-name information bound by micro-signals, which can be used as the basis for judgment; Legality means that there is no threat or fraud, which needs to be judged according to the actual situation and may involve cross-examination; Relevance is a chat record related to the case, which can be clearly used as evidence. Anything said by the other party without any relevant information can not be used as evidence.
In real life, there are many cases in which chat records are used as evidence, but they need to be strictly verified, and there are also many cases that are judged invalid.
3. Try to make source files. For digital evidence, try to ensure that it is a source file without any traces of modification. Even if a clip is printed or intercepted, the original content must be preserved. After all, now that scientific and technological means are developed, a lot of digital information can be faked, and courts will not believe it easily without source files.
Chat records and so on, but also pay attention to the use of mobile phones, once we delete chat information, it is difficult to get it back. You'd better make a backup in case of emergency.