最高法院对电子证据的裁决

The Supreme People's Court has issued a new judicial explanation, confirming that electronic information such as e-mails, blog articles and online chat records can be used as evidences in civil lawsuits. The announcement follows a case in Beijing in which defendants used Wechat records to successfully appeal against a court ruling.

Using chat history on mobile devices as evidence in courts is a growing trend. A new judicial interpretation clarifies what electronic data can be used as evidence. E-mails, microblogs, text messages, online chat logs on mobile devices and also recorded audio and video files.

Zhen Jieying, chief judge of Beijing First Intermediate People's Court, has handled a case in which electronic data was used as evidence in court.

"The case that I dealt with was an appeal. Chat logs from Wechat, including audio records were taken as newly-added evidence. In the appeal, the digital evidence led to the overturning of the verdict of the original trial. The plaintiff wanted the defendants to pay back nearly 500-thousand yuan in debt. But Wechat messages between the litigants showed that the plaintiff had agreed that the money paid to the defendants was funds for a joint business running a pet store," Zhen said.

Zhen Jieying says the big challenge for the court is proving the authenticity of the electronic data.

"I recommend that any potential digital evidence should be preserved by litigants. And it's better to keep the data in its original form. For a court to admit a piece of digital information as evidence, it requires a complex legal procedure and high degree of technological skills to determine whether it is relevant, authentic and obtained with authorization. Although messaging apps and software are promoting real-name verification, contracts and papers are still the dominant form of evidence and the best guarantee for protecting rights," Zhen said.

The changing world of technology is challenging courts to keep pace with new laws, assess potential evidence and protect privacy. Digital data can be easily altered, and it can be difficult to distinguish between original data and copies. So extracting, securing and documenting digital evidence needs special expertise and attention.