In recent years, more and more lending relationships have occurred on chat software such as WeChat, resulting in the inability of the parties to provide key evidence in the later litigation process, only some WeChat chat records, and sometimes even unable to prove the identity of the WeChat chat object, which brings great obstacles to the parties to protect their own rights and interests and the court to ascertain the facts of the case.
With the rapid development of Internet finance, more and more people communicate with business partners or friends about borrowing through online tools such as WeChat, and borrow directly through WeChat and other software. Although it is convenient to transfer money online, if you do not pay attention to the retention of evidence during the transfer, you may bring unnecessary trouble to yourself.
Are WeChat chat records evidence included?
WeChat chat records belong to electronic data in evidence and belong to one type of evidence. Specifically, in private lending dispute cases, the electronic data used as proof of the existence of the lending relationship is concentrated in the form of online chat records (such as through WeChat, QQ and other software), emails, microblogs, mobile phone text messages, etc., or stored in electronic media, audio and video materials.
Can WeChat chat records be used as evidence alone?
WeChat chat records are materials stored in electronic media, and although the provisions on electronic data can be used, they cannot be used as the basis for a separate verdict. Based on the requirements for the authenticity, relevance, and legality of evidence, WeChat chat records shall meet the following requirements when used as evidence in a verdict in trial practice:
1. The ** of WeChat chat records must comply with the law;
2. When registering on WeChat without real-name system, it shall be determined that both parties to the WeChat chat are the parties to the case;
3. Determine that the WeChat chat time is within the time period of the facts involved in the case;
4. The content of the WeChat chat should not be ambiguous, but should be relatively complete and reflect the facts that the parties want to prove.
Due to the characteristics of WeChat chat records that are easy to change and difficult to identify, the advantages of using them alone as evidence basis are not sufficient, so in addition to WeChat chat records, other evidence should also be fully provided, such as bank transfer vouchers, ** recordings with the borrower, etc.
RemindersAccording to the provisions of China's Civil Code, electronic contracts are established in accordance with the law and have been reliably digitally signed, electronic contracts have the same legal effect as paper contracts, and the parties must perform the contract as agreed, which can be used as evidence in litigation. In real life, when using third-party platforms, mini programs, etc. to sign electronic contracts, it is necessary to pay attention to choosing a safe and reliable platform, paying attention to whether the users using it have real-name authentication, and whether the signed IOUs are stored on the blockchain, so as to ensure the convenience, efficiency and information security of lending.