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Yes, this is expressly provided for by law.
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Legal Analysis: Call logs can be used as evidence.
Text messages and call records belong to the category of electronic evidence, so mobile phone text messages and call records can be used as litigation evidence to prove the facts of the case.
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) Identification of the meaning of the silver nonsense;
8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts.
Article 64: Burden of proof and authority to explore.
It is the responsibility of the parties 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 the 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 the time limit based on 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.
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1. The privacy information of others is a crime, if the other party's communication records involve some personal privacy, such as home address, number, etc. It may cause some distress or cyber violence, so in this case it must be a criminal act. After all, everyone's personal information is very private, and it must not be posted on the Internet casually without the consent of the person.
Second, the harmfulness of privacy spreads so fast on the Internet, even if it is deleted immediately after it is posted, it will be transmitted.
Ten, ten to hundred, such a speed of transmission is difficult to imagine. And there are also a lot of Internet trolls, and it is possible that this person will be maliciously attacked by others because of the privacy of others. There are even some netizens who live near this person's house, who will go directly to the house to threaten and intimidate this person, which may involve a criminal case.
3. Be cautious in words and deeds on the Internet, and some people do not disclose the other party's ** number and home address, but only involve the privacy of some chats, so the other party reserves the right to pursue responsibility. If you have to sue your own person in court, then it is also very likely to form a crime. Therefore, I hope that everyone should be cautious when making any remarks on the Internet, so as not to hurt the reputation of others, and in the legal era, every word and deed will have to pay a corresponding price.
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It should constitute a crime, because this is a violation of other people's privacy, and it is really too much to post other people's call records on the Internet, so that other people's relatives or friends will be harassed.
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Yes. It is illegal to post other people's communication records on the Internet because it is an invasion of other people's privacy.
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This is a very serious crime, extremely egregious. If it is found by **, the corresponding prosecution process will be made according to the corresponding punishment.
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Legal analysis: If the call record is not altered, it is an objective record of the call and can be used as evidence, otherwise, it cannot be used as evidence.
Legal basis: "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" Article 85: People's courts shall make judgments in accordance with law on the basis of the facts of the case that can be proved by evidence. Adjudicators shall, in accordance with legally-prescribed procedures, comprehensively and objectively review and verify evidence, follow the provisions of the law, follow judges' professional ethics, and use logical reasoning and daily life experience to independently make judgments on whether the evidence has probative force and the extent of the probative force, and disclose the reasons and results of the judgment.
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Legal Analysis: Chat logs are "audio-visual materials" evidence. In China's judicial practice, data evidence recorded and stored by computers is classified as "audio-visual materials".
Audio-visual materials are characterized as circumstantial evidence in China's evidence classification, 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: 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.
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Legal analysis: WeChat chat records can be used as evidence. However, in the current judicial practice, although WeChat chat records can be used as evidence for a verdict, some issues should still be paid attention to.
WeChat chat records can be used as evidence in a verdict, but the content of the chat must not be ambiguous, and must be relatively complete and reflect the facts that the parties want to prove. At the same time, due to the characteristics of chat records that are easy to change and difficult to identify, it is sometimes not sufficient to use them as the basis for proof, and other evidence should be fully provided.
Legal basis
Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings》 Article 14: 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; (4) Electronic files such as documents, audio, digital certificates, and computer programs; (5) Other information stored, processed, or transmitted in digital form that can prove the facts of the case.
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Legal analysis: Electronic data can be formally used as evidence, including Weibo, WeChat, etc., and also refine and expand the scope of some electronic data, including mobile phone WeChat chat records. Call records can be used as evidence in the form of electronic data to prove the existence of criminal facts, but the premise is that the call record is related to proving the facts of the case, that is, it is relevant, legal, and legal, and only if it is verified to be true, that is, it has authenticity, it can be used as evidence in a verdict.
Electronic data includes the following information and electronic documents: (1) Information published on network platforms such as web pages, blogs, and microblogs (2) Communication information of network application services such as mobile phone text messages, e-mails, instant messaging, and communication groups, (3) User registration information, identity authentication information, electronic transaction records, communication records, login logs, and other information, (4) Electronic files such as documents, audio, digital certificates, and computer programs, and (5) Other electronic files stored and processed in digital form. Information transmitted that proves the facts of the case.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 50: Materials that can be used to prove the facts of a case are all evidence. Evidence includes:
1) Physical evidence; (2) Evidence of missing paragraphs; (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 travel documents. Evidence must be verified to be true before it can be used as the basis for a verdict.
From the point of view of evidence, the receipt you mentioned can be used as evidence, at least to show that the other party took 2,000 yuan from your hand and applied for a driver's license.
Article 68 of the Several Provisions on Evidence in Civil Proceedings stipulates that evidence obtained by means that infringes upon the lawful rights and interests of others or violates the prohibitive provisions of the law cannot be used as the basis for determining the facts of a case. In the case of audio recordings, this means that if the holder of the recording evidence violates the privacy of others or violates the prohibition of the law, such as recording the privacy of others or eavesdropping on the audio recordings obtained at his or her work or residence, the use of such recordings will still be excluded. >>>More
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According to the Supreme People's Court's "Several Provisions on Evidence in Civil Proceedings", testimony given by a minor that is not commensurate with his or her age or intellectual condition must not be used alone as the basis for determining the facts of a case. Therefore, testimony given by a minor commensurate with his age and mental state may be used as the basis for determining the facts of the case. Minors have an obligation to be witnesses. >>>More