Every WeChat emoticon you send may become a "presence of evidence"

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 emoji symbols has strong subjectivity,

Lack of unified standards,

The court is difficult 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 a "sun

"Emoticons. Later, the two parties had different differences on whether the expression was reached. The lessor sued to the court and advocated that the lessee agreed to increase the rent, which was supported by the court.

In the case of personality rights, the defendant Ma sent a number of "bombs

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

In addition, the same emoji is in different mobile phone devices

There will also be display differences,

Such as the "embarrassing smile" expression in Apple iOS system

Show in the Android system as "happy laugh",

It 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" crime case,

Criminals use emoticons to replace sensitive words

The meaning of expression metaphors to evade investigations.

For example, in the crime of prostitution, prostitutes "smiling face

"Emoticons refer to the number of people who report to 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 the "Candy

"

"The symbols refer to the prohibited drugs and trades.

also,

Some criminals directly express their emoticons

Crime as a criminal tool,

In order to increase identification and strike 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.

There are differences in the validity determination

Different courts have evidence and effect on emoticons

Hold different opinions.

For example, the Guangzhou Intermediate People's Court's warehousing contract dispute argues that emoticon symbols are visual images that assist expressing moods, emotions and ideas.

"The expression of expression agreed.

In a civil loan dispute between Xiamen Intermediate People's Court, according to the habits of daily exchanges and the context of chatting, the "OK

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

also,

There are different understanding of expressions with neutral meaning.

For example, in a dispute between a buying and selling contract, the seller sends out the detailed details of the settlement to the buyer through WeChat. The buyer only replies "Don't talk

"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 judgment was changed.

The court reminds:

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 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.

Pay attention to the occasion of the emoji package

Use in good faith

And grasp the reasonable boundary

Will you use it?

⑦

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