How to make WeChat records valid evidence in court?微信聊天记录能当法庭证据？

进入互联网时代，微信、支付宝等互联网工具在生活中、工作中发挥越来越重要的作用，这也让涉电子证据的案件增长迅速，但在审判实践中，司法部门对电子证据回避使用的案例很常见。电子证据要被采用，需要经过程序繁琐、费用昂贵的公证程序，这大大增加了当事人的维权成本，也会让更多人因举证难而不敢维权，不敢通过法律渠道解决问题。7月18日，广东省广州市南沙区人民法院率先出台了广东省内首份《互联网电子数据证据举证、认证规程(试行)》。按规程指引操作,互联网电子数据证据不必一律要经过公证,也有很大可能性获得法院采信了。

Nansha Court has become the first court in Guangdong province to allow direct presentation of electronic data as evidence without notarization, according to a new rule issued on July 18.

Electronic data evidence includes chat and transaction records through online messaging platforms like WeChat, QQ, blogs, and Alipay. Statistics show that in Nansha Court, cases involving this type of evidence has increased dramatically since 2017. Thus legal experts indicated that allowing these messaging platforms to be part of the court record could help facilitate judgments in some cases.

Electronic data evidence made its debut in the Civil Procedure Law of China in 2012. In 2015, digital voice messages received or stored on social media platforms were also added. However, they all required notarization, which is a costly, complicated, and lengthy procedure. The new rule has helped eliminate the need for going through the notarization process.

Take WeChat chat records as an example. Follows are what you need to know:

1. Finish real name verification

If you can't prove the WeChat message sender is the exact person involved in the case, then even if a full chat history is shown, it may not be admissible as evidence. To finish real name verification, mobile phone numbers should be attached to the WeChat account.

2. Provide the record of login process to the court

It can be presented in a form like a video record. This process is to prove the chat records' legalization and personal identity's authorization.

3. Provide all parties' WeChat "My Profile" pages to the court

Since the "My Profile" page on a WeChat account cannot be altered, the court can determine all parties' identities based on the pages. (Following pictures shows how to find "My Profile" page)

4. Provide complete chat record

WeChat record is deletable but not addible, which means the court can restore the missing chat records of all parties and make a judgement based on a relatively complete record.

5. No more notarization!