Study On The Examination And Judgment Of WeChat Records In The Process Of Civil Procedure Proof

We Chat software has been used most people Covering the age range of the most widely social software platform,and with the information network,mobile phone users growing,micro credit number will also grow,We Chat record penetrated into every aspect of life,We Chat cover causes will be more and more content We Chat record according to the content of the form can be divided into text We Chat,Voice We Chat records,Image We Chat record,Video We Chat records,records transfer information of the network links We Chat record has the characteristics of comprehensive also become important evidence in the lawsuit material.Before the legal status of electronic data is confirmed,the We Chat record has the ability to prove the case facts,but because of the lack of corresponding legislation and supporting mechanism,cause it has been excluded from the civil procedure law in 2012 Incorporating electronic data into the types of legal evidence,electronic data into the field of civil action,but for electronic data as evidence in the judicial practice still cautious,just type electronic data into the legal evidence,apply to still vague,it cannot lead legal workers work and in 2019 the Supreme People’s Court promulgated several evidence regulations about civil lawsuit(hereinafter referred to as Article ninety-four to article ninety-three of the new rules of evidence)to make specific provisions for recognition of the authenticity of electronic evidence is of great significance in improving the original rules of electronic evidence,as well as electronic data authenticity review judgment in the judicial practice provides the legislative basis,play its role of We Chat record into the litigation field is of great significance.The newly issued legal provisions provide more explicit provisions for the review and judgment of We Chat records,and also solve the original problem of We Chat records to a large extent,which is conducive to protecting the civil rights and interests of the parties.In judicial practice,the review and judgment of the authenticity of We Chat records focus on the identity confirmation of the subject of We Chat records and the check of the original carrier.However,We Chat software implements the management principle of "voluntary front desk,real name backstage",and the nickname of We Chat is generally not the real identity of the party concerned,and it is difficult for the party concerned to prove the real identity of the We Chat user.In practice,We Chat records are mainly produced by screenshot printing,but chat records can be easily deleted without leaving traces in the printed copy,resulting in unclear authenticity of the content.There is always a lack of corresponding criteria and mechanism norms for judging whether evidence is relevant to the facts to be proved.We Chat chat is different from formal written documents,and the nature of its social software determines the randomness of its We Chat recorded content.The frequent occurrence of emoji is rich in meaning.Different people may have different understandings of them,which hinders the judgment of relevance.Although there is little doubt about the legitimacy of We Chat records in practice,in fact We Chat records are highly private and pay little attention to the legitimacy review and judgment.In China’s civil action,there has been no direct regulation on the proof force of evidence,and there is a lack of general norms,which leads to the difficulty in balancing the review and judgment of the proof force of We Chat records.In view of the above dilemma of evidence ability and proof force,we should improve it from two aspects of evidence ability and proof force.The Cyberspace Administration of China(CAC)requires We Chat users to authenticate their real names before they can use the software.Therefore,the We Chat platform has the best understanding of the identity of We Chat users.It can establish a long-term cooperation mechanism with We Chat platform,expand the ways of identification of We Chat users,and issue corresponding guidelines and norms to enable parties to effectively prove the identity of users.The authentication method of We Chat recorded content should be improved from the perspective of evidence in combination with the "New Rules on Evidence",and the training of electronic data knowledge of judicial personnel should also be strengthened.Relevance judgment involves both the evidentiary capacity and the evidentiary capacity.Criteria can be constructed from content and time.In addition to the legal form,the review and judgment of legality should also protect the privacy of the parties and even outsiders and standardize the means and limits of evidence collection.The judgment of proof force has always been a difficulty in theory and practice in our country.By improving the professional knowledge level of notarization personnel and using proper notarial means,the proof force of We Chat records can be enhanced,and the priority standard of proof force can be explored to perfect the examination and judgment of proof force.It is expected to provide a guarantee for the application of We Chat records in civil litigation through the above paths.