A few days ago, the Supreme People's Court issued a revised \"some provisions on evidence in civil proceedings \"(hereinafter referred to as\" some provisions \"), and made principled provisions on new means and methods of proof such as electronic evidence.
Several of 《's regulations make it clear that electronic evidence includes information such as web pages, blogs, microblogs, and so on, and the topic "wechat wechat chat records can be used as evidence" is then posted on weibo. So how can electronic evidence be collected to ensure its legal effect? The science and technology daily reporter carried on the interview.
“The procedure, content and manner of collecting electronic data directly determine the authenticity, legitimacy, proof and relevance of the evidence itself." Yuan Jianhua, a judge of the Beijing Internet Court, said:" evidence of the formation of instant messaging forms such as SMS, WeChat chat records, Wangwang chat records, e-mail, etc., should be provided with relevant print or screenshots, the contents of the screenshots should be complete, including content, send (receive) person, send (receive) person, send (receive) time, send (receive) time, etc., should be provided in court, mobile phone, email box to check the authenticity, and it is best to send (receive) person, send (receive) time, save location and other relevant information to give written excerpts and submit."
“Many people care about the preservation of WeChat chat records as evidence." Yuan Jianhua reminded that "one-click thin "," garbage cleaning" and other automatic cleaning functions should be used with caution. The WeChat record of synchronizing the cloud is copied from the original record, which belongs to "coming evidence" and cannot be used as a separate decision basis. Therefore, don't think that "synchronous" operation is "everything is all right ", before cleaning up must give evidence preservation.
In addition, Yuan Jianhua introduced that the telephone recording should retain the original carrier, and the content should be objective, true and coherent. In Weibo, friends circle, post bar and other network platform published information, in addition to the detailed and complete screen capture, but also can record the screen to make complete video.
Zhang Lianyong, a judge of the Beijing Internet Court, pointed out that the authenticity of the electronic data provided by the parties should be recognized in the absence of evidence to the contrary if they have been notarized or confirmed by a third-party depository platform. If the evidence is also of legitimacy and relevance, it will not prove less powerful than other evidence.
If the electronic data obtained by the parties themselves is inconsistent with the platform data obtained by the court, and the platform data has not been modified, the electronic data submitted by the parties is less powerful than the platform data. \"But we cannot simply conclude that the electronic data evidence provided by the platform must be more powerful than the electronic data evidence submitted by the parties. Zhang Lianyong points out that the court will make a comprehensive judgment on the evidential power according to the case situation, the rules of evidence, logical reasoning and daily experience.
In addition, the East China University of Political Science and Law School of Intellectual Property Professor Cong first reminded that the preservation of evidence more on their own awareness, rather than rely on the platform side. \"The platform, in order to avoid some trouble, may deliberately not keep user data, such as files transmitted via WeChat will fail if they are not saved in time. he said.
Although the methods and procedures of collecting evidence are clearly defined, many people are not familiar with the specific operation steps in real life. Wang hui, a lawyer at beijing's beijing law firm, points out that some clients only provide print or screenshots, which are likely not recognized by the court. How to credible evidence of electronic evidence has always been a problem.
In particular, in order to prevent the loss of the evidence, the evidence preservation shall be carried out as soon as possible when the infringement is discovered. Yuan Jianhua introduced that the evidence preserved by the third-party depository certificate platform or the notary office was higher than the general evidence.
In 2018, the Beijing Internet Court was established. In the same year, the people's court of nansha district of guangzhou province of guangdong province issued the first \"internet electronic data evidence proof, authentication rules (trial)\". \"From a simple early response to the need to face up to the problems behind electronic evidence.\" Cong Li first said that in the process of hearing new cases represented by Internet cases and intellectual property cases, more courts have carried out beneficial exploration.
Taking electronic data storage as an example,\" internet courts in beijing, hangzhou and guangzhou have applied blockchain technology to evidence platforms.\" Originally block chain CEO Wu Peng believes that the chain of electronic evidence cannot be tampered with, supporting third-party platform docking, the popularity of such technology will enhance the credibility of the whole society.
In addition, the efficiency of handling cases is greatly improved by building electronic litigation platform, using instrument intelligent generation system, embedding voice and image automatic recognition system and so on. AI Virtual Justice, Mobile Micro Court and other designs have improved the quality of litigation services, making the parties feel convenient and warm. Technical enabling justice to some extent solves the problem of high cost of evidence collection and long litigation cycle, Wang Hui said. (Fu Ruihan)