Do chat logs count as evidence, and what kind of evidence do chat logs count

Hello, chat records are considered evidence, and they belong to a kind of electronic evidence! According to China's Civil Procedure Law and its relevant provisions, evidence includes eight types of evidence: parties' statements, documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, appraisal opinions, and inquest records, among which information published on online platforms such as web pages, blogs, and microblogs; communication information of network application services such as mobile phone text messages, e-mails, instant messaging, and communication groups; User registration information, identity authentication information, electronic transaction records, communication records, login logs and other information; electronic files such as documents, audios, digital certificates, computer programs, etc.; electronic files such as documents, audios, digital certificates, computer programs, etc.; Other information stored, processed, or transmitted in digital form that can prove the facts of a case is electronic data.

It should be noted that the evidence must be verified as true before it can be used as the basis for determining the facts, and the chat records should be used as evidence, and the original carrier should be retained.

Legal basis:

Article 63 of the Civil Procedure Law: Evidence includes:

1) Statements of the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 14 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings (2019 Amendment): Electronic data includes the following information and electronic documents:

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

2) Communication information from network application services such as mobile phone text messages, e-mail, instant messaging, and communication groups;

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

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

Chat logs can be used as evidence. According to the Civil Procedure Law of the People's Republic of China, evidence includes documentary evidence, physical evidence and electronic data, while chat records are electronic evidence using high-tech electronic media as the carrier. As long as it is legal, the content is true, and there is a connection with the facts of the case, it can be used as evidence.

According to the regulations, the evidence includes the following:

1. Statements of the parties;

2. Documentary evidence; 3. Physical evidence;

4. Audio-visual materials;

5. Electronic data;

6. Witness testimony;

7. Appraisal opinions;

8. Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts. Electronic data refers to information formed or stored in electronic media through e-mail, electronic data interchange, online chat records, blogs, microblogs, mobile phone text messages, electronic signatures, domain names, etc.

Article 63 of the Civil Procedure Law of the People's Republic of China Evidence includes:

1) Statements of the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 64: Parties have the responsibility to provide evidence for their own claims.

The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.

The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

Article 65: Parties shall promptly provide evidence for their own claims.

On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof. Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application. Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, reject the evidence, or give the evidence but give a reprimand or a fine.

WeChat chat records can be used as evidence. WeChat chat records are electronic data and belong to a type of evidence. The Civil Procedure Law of the People's Republic of China, amended in 2012, clarified that electronic data is a statutory type of evidence.

The Interpretation of the Civil Procedure Law further clarifies that electronic data refers to information formed or stored in electronic media through e-mail, electronic data interchange, online chat records, blogs, microblogs, mobile phone text messages, electronic signatures, domain names, etc.

Legal basis: Article 63 of the Civil Procedure Law, evidence includes:

1) Statements of the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Chat records can be used as evidence, everyone should keep the chat records, do not delete the content, and do not throw it to the original carrier.

Legal analysis: Chat records can be used as evidence, and the current chat records belong to electronic data, but the electronic data evidence must be verified to be infiltrated and truthful, so as to be the basis for determining the facts, and the chat records are often handled with reference to audio-visual materials, and audio-visual materials are characterized as indirect evidence in China's evidence classification, which cannot be evidence that alone or directly proves the facts of the case. Therefore, for the processing of chat logs, the processing and application of evidence must be carried out in accordance with the legal provisions of the appeal.

Legal basis: "Supreme People's Court Interpretation on Application" Article 116: Audiovisual materials include audio and video materials. Electronic data refers to information that is quietly formed or stored in electronic media through e-mail, electronic data interchange, online chat records, blogs, microblogs, mobile phone text messages, electronic signatures, domain names, etc.

The provisions on electronic data shall apply to audio and video materials stored in electronic media.

Legal Analysis: Chat logs are "audio-visual materials" evidence. In China's judicial practice, data and evidence recorded and stored by computers are classified as "audio-visual materials".

Audio-visual materials are characterized as circumstantial evidence in the category of evidence in China, and they cannot be evidence that alone or directly proves the facts of the case. In addition to the need for court review and verification, it also needs to corroborate with other evidence in order to form a chain of evidence to be recognized, which has a lower probative effect than direct evidence, and in order to achieve the same purpose of proof, other evidence is required to testify.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 63 Evidence includes: (1) statements of the parties, (2) documentary evidence, (3) physical evidence, (4) audio-visual materials, (5) electronic data, (6) witness testimony, (7) appraisal opinions, and (8) inquest records.

The evidence must be verified to be true before it can be used as the basis for determining the facts.

Chat logs count as evidence. Chat records are electronic data and are also types of evidence under the Civil Procedure Law. The so-called electronic data refers to the information formed or stored in electronic media through e-mail, electronic data interchange, online chat records, blogs, microblogs, mobile phone text messages, browsers, electronic signatures, domain names, etc.

Legal basis:Article 66 of the Civil Procedure Law of the People's Republic of China.

Evidence includes, statements and documentary evidence of the parties; Evidence; audiovisual materials; electronic data; witness testimony; Appraisal opinions; Inquest transcript. Evidence must be verified to be true before it can be used as a basis for determining facts.

Do screenshots on your phone count as evidence?

1. Screenshots can be used as evidence, or the display of evidence, but what kind of evidence screenshots belong to, and how effective screenshots are as evidence, need to be analyzed according to different circumstances;

2. The common screenshots in the lawsuit are mainly the chat records of mobile phone text messages, WeChat and other instant messaging tools, because these records themselves are only **, which is the most intuitive to show through screenshots, and it is also convenient for judges and other litigation participants to view;

3. However, screenshots are not original evidence, similar to reproductions and copies, according to the law, screenshots alone cannot be used as the basis for determining the facts of the case, and other evidence needs to be reinforced, and must be cross-examined by both parties.

Chat history is a type of electronic data. It is evidence according to the relevant laws and regulations.

Legal analysisEvidence includes: electronic data. Evidence must be verified to be true before it can be used as a basis for determining facts.

Electronic data refers to information formed or stored in electronic media through e-mail, electronic data interchange, online chat records, mobile phone text messages, electronic signatures, domain names, etc. To sum up, chat records belong to a type of electronic data. In order for the chat record to be recognized and supported by the letter model court, the following evidence must be completed: (1) It must be confirmed that the user is both parties.

If one of the parties submits evidence of the chat to the court, but cannot prove that the party to the chat is a party to the case, this does not meet the requirements of the subject in principle. (2) Ensure the legality of the methods and methods for obtaining chat records. Evidence obtained through illegal means, such as illegal searches, slippery delays, illegal seizures, etc., cannot be supported by the courts.

3) Truthful and complete evidence of chat records must be provided, and the relevance of chat log evidence and other evidence must be ensured, and a complete chain of evidence must be formed, and in litigation cases, if the evidence is to be recognized and supported by judges, it must be ensured that the evidence is authentic, legal, and relevant.

Legal basis:Criminal Procedure Law of the People's Republic of China: Article 50: Materials that can be used to testify to quietly and conceal the facts of a case are all evidence. Evidence includes: (1) physical evidence; 2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) Confessions and justifications of criminal suspects or defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; (8) Audio-visual materials and electronic data.

Evidence must be verified to be true before it can be used as the basis for a verdict.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 63: Evidence includes:

1) Statements of the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 64: Parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the person in question and the litigant are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case. The People's Law Imitation Court shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.