Wechat Emoji is written into the judgment, and every Emoji you send may become evidence in court

Hello everyone , I'm the principal .

I saw an interesting news yesterday ： Wechat emoticons have been written into the judgment .

The general content of the news is ： Through the search of judgment documents network ,2018 Since then , National common ownership 158 A case based on emoticons , among 2018 year 8 Pieces of 、2019 year 23 Pieces of 、2020 year 66 Pieces of 、2021 year 61 Pieces of , The increase is obvious . that , What are the difficulties in the practice of judicial recognition of emoticons ？

The ideographic interpretation of emoticons has strong subjectivity , Lack of uniform standards , Courts are hard to be precise “ translate ” The true meaning of the parties . Besides , The same emoticon can also be displayed differently in different mobile devices , Such as apple IOS In the system “ Awkward smile ” The expression is displayed as “ Laugh ”, It is easy to cause misunderstanding between both parties . part “ Yellow wager poison ” In criminal cases , Criminals use emoticons instead of sensitive words to express metaphorical meanings in order to avoid detection . Besides , Some criminals directly use emoticons as a tool to commit crimes , To increase recognition 、 Strike difficulty .

A popular interpretation of this news is ： Because everyone has different understanding of emoticons , Strong subjectivity , The same emoticon , Everyone thinks the answer is different , Sending emoticons is easy to cause ambiguity in communication between the two sides , thus , It is very likely to trigger a lawsuit .

A simple example ： If you and your landlord , Communicate on wechat , Your landlord told you ： The rent will be raised next month , Rise in a month 300 Yuan of rent .

then , You just sent one to your landlord 「 The sun 」️ The emoticon of . You send the sun , Probably just dealing with the landlord , It's not to agree with him to raise the rent .

however , Your landlord thinks this 「 The sun 」 You agree .

therefore , When you are asked to pay the rent next month , You handed it in according to the original , The landlord quit , say ： You should take it again 300 , The rent has gone up .

Regarding this , You two have an ambiguity .

then , The landlord went to court and sued you . And the court , The decision upheld the landlord's request for an increase in rent .

We all know that with the development of science and Technology , Life is more and more convenient , Everyone chats through chat tools , therefore , For example, chat records in wechat can be used as evidence in court , It is the basis of legal judgment .

therefore , Chat records , Chat content , It is best to express clearly in words , Instead of taking ambiguous words . Stop talking about emoticons , Actually , The same sentence is very likely to produce ambiguity .

Because there is no modification of modal particles , Everyone understands the same sentence differently , It is very easy to misunderstand .

This matter , It reminds me of my work in Beijing , At that time, it was more than three years , Me and my girlfriend （ Now wife ） Long distance love . at that time , When chatting through wechat , It's easy to misunderstand when you write , It's very easy to quarrel .

Let me give you an example , such as , My girlfriend said ： I'm not feeling well today . You reply ： ah . Your girlfriend may understand this 「 ah 」 It's a sound , It feels like you're dealing with . Actually , You answer this in your heart 「 ah 」 When , It's four , The kind of concern that expresses surprise . When you still haven't answered her next words of concern , Maybe they were already angry , I'm pulling you black .

Actually , This is why I think the efficiency of written communication is very low , There is no modal particle , When writing , Special attention required , because , You may use modal particles to express surprise or joke , And words can't be shown , What the other person may understand is to deal with , No concern .

What you said may have gone too far , Actually , I am writing this article to express ： Communication about important things , Try to face each other , Or the phone , Or video , This is much more efficient than typing , And not easy to misunderstand .

occasionally , I feel that the efficiency of written communication is really low .

I feel that expression response is less efficient , Actually , Many people replied with expressions , They are all expressions of helplessness or embarrassment , When you don't know what to reply to , I don't want to be cold , And I don't want the other party to feel that they don't respect him , I will reply with an expression . This is most of the scenes where facial expressions are used .

See wechat emoticons written into the judgment , The biggest feeling for me is ： There is a visual sense of returning to the Morse code , Now the speech has been encrypted by emoticons .

See this case , I laughed .

In a dispute over the right of personality , The defendant Ma Moumou had a conflict with the plaintiff Liu Moumou , He sent several messages to Liu through wechat “ bomb ” Emoticons express emotions , Mr. Liu thought the expression meant personal threat , So he appealed to the court for an apology , The two parties reached a settlement under the mediation of the court .

The most interesting thing is ： The same emoticon can also be displayed differently in different mobile devices , Such as apple IOS In the system “ Awkward smile ” The expression is displayed as “ Laugh ”, It is easy to cause misunderstanding between both parties .

therefore , The classmates , Chat records under important scenes , We must take it seriously , Express clearly , In case of misunderstanding , Bring a lawsuit .

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