WeChat emoticon writing judgment: Every emoji you sent may become a sang for evidence

As a commonly used communication tool, WeChat has become the daily life of everyone. Skills of every emoji is proficient, and it has also become a must -have skill in the workplace. However, have you ever thought that emoticons can also be a "presence of evidence"?

After retrieval of referee documents, since 2018, there have been 158 cases in the country using emoticon symbols as evidence, including 8 in 2018, 23 in 2019, 66 in 2020, and 61 in 2021, the increase is obvious.

So, what are the difficulties in the judicial identification of emoji?

Meaning is difficult to interpret

The interpretation of the expression of emoji is strong and lacking the unified standards. It is difficult for the court to accurately "translate" the true meaning of the parties.

For example, in the case of a house lease dispute in Guangdong, after the lease period, the lessee Liu Moumou reminded the lessor to remind and put forward the willingness to increase the lease. Just reply to one

"sun

"

Emoticons. Later, the two parties had different differences in whether the expression was reached to the rents and the consequences. The lessor sued to the court and argued that the lessee agreed to increase the lease, which was supported by the court.

In a case of personality rights, the defendant Ma sent multiple of them to Liu Moumou through WeChat because of a conflict with the plaintiff Liu Moumou.

"bomb

"

The expression of emoticons expressed emotions, and Liu Moumou believed that the expression was a personal threat, so he sued to the court to ask Ma Moumou to apologize to the court.

In addition, the same emoji also has different display in different mobile phone devices. For example, the "embarrassing smile" expression in the Apple iOS system is displayed as "happy laugh" in the Android system, which is easy to cause errors in both parties.

"Smile" emoji on different platforms

Crime secret words are difficult to identify

In some "yellow gambling poison" criminal cases, criminals use emoticons to replace sensitive symbols to express metaphorical meanings to evade investigations.

For example, in the crime of prostitution, prostitutes

"Smile

"

Emoticons refer to the number of incarnations and submit the number of transactions to the online.

Another example is that in the crime of illegal use of information networks, the criminal Pan Moumou created 4 chat groups to promote and sell its own self -made drugs and aphrodisiac drugs. Use with buyers in the chat group

"candy

"

"Wine glass

"

Symbols refer to the prohibited drugs and transaction.

In addition, some criminals directly use emoticons as criminals as criminal tools to increase identification and blow difficulty.

For example, in a crime of fraud, the criminals were under the guise of WeChat to seduce the victims to add WeChat friends in the name of a lottery and send a "scissors stone cloth" expression to participate in the boxing guessing game through WeChat, and then use the cheating software to make the victim mistakenly believe that they win the victory. "Volunteer" to purchase inferior, counterfeit brand bags, cosmetics, etc. through the so -called "winning low prizes", involving more than 900 victims, with a case value of more than 7.20 million yuan.

Different effects of validity identification

Different courts have different opinions on whether emoticons have evidence.

For example, the Guangzhou Intermediate People's Court's warehousing contract dispute argues that emoticons are visual images that assist expressing moods, emotions and ideas, and cannot be identified as a legal commitment based on emoji.

"OK

"

The meaning of the expression is agreed.

In a civil loan dispute between Xiamen Intermediate People's Court, according to the habits of daily exchanges and the chat context, the parties sent

"OK

"

Emotions should be deemed to be the consent of the other party and make a referee based on this.

In addition, there are different understanding of expression symbols with neutral meaning.

For example, in a dispute over a sales contract, the seller sends out the detailed details of the settlement to the buyer.

"Do not talk

"

In the emoji, the court of first instance believed that the buyer did not confirm the settlement of the settlement, and rejected the seller's claim. The court of the second instance believed that the buyer neither responded or denied it. It should be deemed to be the default of the seller's claim and a judgment of the first trial.

Kind tips

The use of emoji during online chat has become an indispensable input habit for netizens. Emotional symbols are conducive to the emotionalization, interest, and simplification of network communication, and to a certain extent make up for the emotional attitude that the text is difficult to express. Wait for many legal issues. The Internet is not a place outside the law. It also needs to be cautious to use emoticons under the network context, so we remind you:

● Because the meaning of emoticons may have multiple interpretations, in the network dialogue involving vital interests, the key information that indicates the attitude should be expressed as much as possible, or the emoji symbols that are not easy to cause ambiguity to clarify the two parties. True meaning, avoid unnecessary misunderstandings and disputes. At the same time, pay attention to retaining related chat records, so that it is convenient for the use of rights to protect rights after the dispute.

● The online speech should abide by the norms of network ethics and use emoticons in good faith. If the right of freedom of speech and use emoticons to insult, slander, and threaten others at will, it will constitute the right to the reputation of others and bear the corresponding legal liability. If the circumstances are serious, It may even constitute a crime of defamation and face severe criminal punishment.

● When making or spreading emoticons yourself, you should pay attention to the reasonable boundaries to avoid harm to the legitimate rights and interests of others and social moral order.If the emoji package with portrait portrait as the content as the content of others may not be based on the purpose of profit, it may constitute the right to infringe on the portrait of the portrait of others.● In some telecommunications network fraud crimes that use emoji symbols, criminals implement crimes through non -contact means, criminal methods are novel and hidden, and the harm is serious. Therefore, we must be vigilant when facing the temptation of network space and beware of being fooled.If you encounter fraud, you should call the police in time to avoid greater losses.

Source: WeChat "Jiangsu High Court"

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