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WeChat and microblog can be used as evidence of a final case, and normal online social networking does not need pressure

On December 26, the WeChat official account of the "Supreme People's Court" released the Decision of the Supreme People's Court on Amending the Several Provisions on Evidence in Civil Proceedings. Article 14 of the revised Provisions on Evidence stipulates that electronic data includes information published by web pages, blogs, microblogs and other network platforms, communication information of mobile phone SMS, e-mail, instant messaging, communication groups and other network application services, user registration information, identity information, electronic transaction records, communication records, login logs and other information and electronic documents. It is believed that in the future, the chat records of WeChat microblog can be officially used as evidence of litigation.


It should be said that this is an inevitable requirement after the emergence of new technologies, new media and new communication tools such as WeChat and Weibo. After all, evidence is nothing but all objects and means that can prove the facts of the case. With the wide application of smart phones and network technology, people not only have more and more convenient communications and contacts in all aspects, but also some lifestyles and trading habits will keep pace with the times and change accordingly. For example, for some small transactions, there is no need to sign a written contract as before, nor to pay money in person, but to reach an agreement through WeChat exchanges and transfer through WeChat. Correspondingly, communication content, electronic transaction records, etc., like paper contracts, cash receipts, etc., become the vouchers for the conclusion and performance of contracts, and serve as the identification evidence of relevant facts in case of disputes or lawsuits.


As a record of relevant facts, it is inevitable for electronic evidence to be adopted as final evidence. Even before the revision of the Evidence Rules, electronic evidence such as WeChat and Weibo has been widely used in practice. Among the eight kinds of evidence listed in Article 63 of the Civil Procedure Law, there are audio-visual materials and electronic data. Even if electronic evidence is listed, it can be included in documentary evidence and physical evidence. The new Evidence Provisions only combs the manifestation of various electronic information in detail, and further enumerates and clarifies the "electronic data". Even if it is not listed in detail, it will not affect the provision and use of various electronic evidence as evidence.


Of course, it is clear that WeChat and microblog can be used as case evidence, which will make some netizens feel pressured and feel that they have to be cautious and walk on thin ice when doing anything. Because these evidences are indeed faithful records of relevant words and deeds, which can not be blamed or relied on, they also remind people to be cautious and civilized, and try not to make rumors, swear, infringe on the rights and interests of others and act on others. Otherwise, because the relevant facts are effectively fixed by electronic evidence, and are not as easy to renege and cheat as "talking without proof", or can be damaged as some physical evidence, it is inevitable to bear legal liability.


On the other hand, it is unnecessary to even joke as some netizens worry. Because normal, well meaning jokes or humors are not only expressions of lively thinking and close relationships, but also expressions of understanding and laughter from the other side, and they will not be taken literally. WeChat microblog can be used as the evidence of the final case, which will not lead to the consequences of ten thousand horses standing still and impeding normal communication. As for the problem of "being held responsible" for fear of the number being stolen, it is unnecessary, but only necessary to deal with it in a timely and appropriate manner, and it can be found out through the records of the telecommunications department or the investigation methods of the public security organ. What should be prevented and punished should also be the acts of stealing numbers and infringing the rights and interests of others, rather than worrying about the use of electronic information as evidence.


In a word, information technology such as WeChat and Weibo has been widely used in people's lives as a modern technology, and has become a record of various connections and facts. It is inevitable to use it as evidence to prove and restore relevant facts in case of disputes. The new "Evidence Provisions" clearly uses all kinds of information as evidence in a timely manner, which is not only the basis of the superior law - the Civil Procedure Law, but also the inevitable requirement of social development and the emergence of new things, and is the manifestation of judicial response to social development and common progress with society.