Note that every emoji you send may become "presence of evidence"

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Source: Jiangsu High Court WeChat public account

The copyright belongs to the original author, if there is any infringement, please contact it in time

WeChat as a commonly used communication tool

Has become the daily life of everyone

Proficient in using each emoji

Also become a must -have skill in the workplace

but

Have you ever thought about

Emotional symbols can also become "sang for evidence"?

After retrieval of referee documents,

Since 2018,

There are a total of 158 cases that use emoticon symbols as evidence in the country,

Among them, 8 items in 2018, 23 pieces in 2019,

66 pieces in 2020 and 61 pieces in 2021,

The increase is obvious.

So, the judicial identification of emoji symbols

What are the difficulties in practice?

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. I just responded to a "sun. The two parties followed whether the expression represents the extermination of the lease plus intender. The lessor sued to the court and argued that the lessee agreed to increase the lease, which was supported by the court.

In the case of a personality rights dispute together, the defendant Ma sent a number of "bombs to Liu Moumou because of a conflict with the plaintiff Liu Moumou. The court asked Ma to apologize for a gift, and the two parties reached a settlement under the mediation of 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 "smiling face

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 the "Candy

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 in expressing moods, emotions and ideas, and cannot be identified as a legal commitment based on emoji, so they have not identified the parties "OK.

In a civil loan dispute between Xiamen Intermediate People's Court, according to daily exchange habits and chat context, the parties sent "OK.

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

For example, in a dispute over a sales contract, the seller sent the detailed details of the unsecured payment to the buyer through WeChat. The buyer only replied "Don't talk. The court of first instance believes that the buyer did not confirm the settlement of the settlement, and then rejected the seller's claim. It is neither a reply or denying it. It should be deemed to be the default of the seller's claim and a judgment of the 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.

Because the meaning of emoji may have multiple interpretations, in the network dialogue involving vital interests, the key information that shows the attitude should be expressed as much as possible, or the emoji symbols that are not easy to cause ambiguity should be selected to clarify the truth of the two parties. 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 morality 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 reputation of others and bear corresponding legal responsibilities. If the circumstances are serious, even It may 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 morality. 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, the criminal methods are novel and concealed, 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.

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