Can emojis serve as evidence?, The "OK" gesture turned out to be the defendant Liu Mouyun | WeChat | emoji
Using emoticons during online social chats
It has become a habit of people,
But if used improperly,
May cause legal disputes.
Recently,
The man posted on WeChat
Reply with an "OK" expression to become the defendant,
Get attention.
In December 2022,
Male Liu Mouyun is being asked to become
When the debt guarantor of the borrowing transaction,
I replied with an "OK" WeChat emoji gesture.
Later, due to the borrower Liu Mouwei's failure to repay the relevant debts,
Guo, along with Liu Wei and his father Liu Yun,
They filed a lawsuit together with the court.
After trial, the court held that,
Liu Mouyun replied with "OK" WeChat emoticons and gestures,
Indicating its agreement to act as guarantor for this debt,
It is obligated to repay the loan by the borrower on time
Undertake the responsibility of loan repayment.
Ultimately,
Both parties agree to reach a mediation agreement.
Can emoticons serve as evidence in debt disputes?
What should be noted when submitting electronic evidence?
Let's take a look at the professional interpretation of Cao Lingxiang, a member of the Lawyer Expert Database of the Rule of Law Daily and a partner of Bank of China Law Firm in Beijing!
Can emoticons serve as evidence in debt disputes?
According to the Civil Procedure Law of China, evidence includes electronic data. WeChat chat records containing emoticons belong to electronic data and are one of the legal types of evidence in China, which can be used as evidence. But evidence must be verified to be true, objective, relevant, and legitimate in order to serve as the basis for determining facts. Due to the strong subjectivity and lack of unified standards in the interpretation of emoticons, there are often differences in the understanding of emoticons among different parties. Therefore, judges cannot use electronic data in question as a sole basis for determining the facts of the case, nor can they make judgments based solely on a single emoji. The meaning of WeChat emoji should be comprehensively and objectively reviewed and judged in accordance with legal procedures, taking into account the context of all chat records, other evidence of the case, industry practices, transaction habits, etc. In this case, the court, based on the context of the WeChat records, determined that the "OK" WeChat emoji was "agree" to establish the contractual relationship between the plaintiff and Liu Mouyun.
What should be noted when submitting electronic evidence?
According to Article 15, Paragraph 2 of the Several Provisions of the Supreme People's Court on Evidence in Civil Litigation, if a party uses electronic data as evidence, they shall provide the original copy. A copy made by the creator of electronic data that is consistent with the original, or a printed copy or other output medium that can be displayed and recognized directly from electronic data, is considered as the original of electronic data.
Firstly, the original or original carrier of electronic data, such as mobile phones, computers, etc., should be retained; Secondly, one can apply to the court for evidence preservation of electronic data, or entrust a notary institution to notarize electronic data; Once again, printed copies and original copies of electronic data should be provided to verify the electronic data. In judicial practice, it is necessary to open the WeChat page of the mobile phone in court and verify it with the printed WeChat chat records; Finally, if electronic data cannot be collected by oneself due to objective reasons, a written application to the court for investigation and collection can be made before the deadline for providing evidence expires.