Taiwan Straits Network December 31 (Straits Herald reporter Chen Jie) Can WeChat Weibo chat records be used as evidence of litigation? Recently, with the promulgation of new rules by the Supreme People's Court, this issue has aroused heated discussions in all sectors of society.
Yesterday, the Herald reporter saw from the website of the Supreme People's Court that the "Decision of the Supreme People's Court on Amending" Several Provisions on Evidence in Civil Lawsuits "" will come into effect on May 1, 2020. The "Decision" made more detailed provisions on the scope of electronic data, and also stipulated the requirements for parties to provide and court investigations to collect and preserve electronic data, as well as the rules for judging the authenticity of electronic data.
According to the new rules of the Supreme People's Court, information published by web platforms such as web pages, blogs, and microblogs, communication information of web application services such as mobile phone text messages, email, instant messaging, and communication groups, user registration information, identity authentication information, and electronic Information such as transaction records, communication records, login logs, documents, pictures, audio, video, digital certificates, computer programs and other electronic files. Other information stored, processed, and transmitted in digital form that can prove the facts of the case are electronic data.
In fact, before this, in the judicial practice of Xiamen Intermediate People's Court and various district courts, there have been cases in which judgments were made using WeChat and Weibo chat records as evidence. The promulgation of this decision marks that the Supreme Court of the People's Republic of China has officially confirmed the evidence status of WeChat and Weibo chat records in judicial interpretations.
What impact will the implementation of the new rules have on ordinary people? Will WeChat Weibo chat records be used as court evidence in the future? Can chat history replace debt collection? Can "WeChat testimony" be used to prove spouse derailment? Under what circumstances can electronic data testify?
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