Wechat emoticons are written into the judgment, and the OK and bomb you send may become "testimony in court"

Arrangement | Yu Xuan       

Produce | Programmed life （ID：coder_life）

Now , In various social platforms and communication software , Emoticons can be said to be everywhere . Many people think that , Reasonable use of emoticons will make the expression more vivid , Emoticons can be called chatting “ soul ” Where .

But in recent days, , A official account article released by Jiangsu High Court pointed out that , It is often used in wechat chat “ give the thumbs-up ”、“OK” and “ The sun ” Written into the judgment , In other words, some cases have taken these emoticons as “ Evidence in court ”.

Picture source ： Jiangsu high court

The Jiangsu high court has searched the judgment document website ,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 .

Improper use of facial expressions can easily lead to disputes

Soon after the article was published , Related topics # Wechat emoticons are written into the judgment # Board hot search , It caused a heated discussion among netizens . Many netizens expressed that “ In the future, I dare not make any expression ”, There are also netizens who interpret the use of relevant expressions in the comment area ：

  Picture source ： Microblogging

What are the specific situations involved ？ The Jiangsu high court cited relevant cases ：

• In a housing lease dispute , The lessee shall, after the expiration of the lease , In the face of repeated reminders from the lessor 、 Put forward the intention to increase the rent , It doesn't mean to continue to rent , Nor does it mean that the house involved in the case is moved away , Just replied to one “ The sun ” emoticon . Later, the two sides disagreed on whether the expression represented an agreement to increase the rent , The lessor sued to the court and claimed that the lessee agreed to increase the lease , Supported by the court .

• In a dispute over the right of personality , The defendant is in conflict with the plaintiff , They sent multiple messages to them through wechat “ bomb ” Emoticons express emotions , The plaintiff believed that the expression meant personal threat , So he appealed to the court and asked the defendant to make an apology , The two parties reached a settlement under the mediation of the court .

It can be seen that , In the normal chat , If you use emoticons improperly or even maliciously , Thus causing disputes , Emoticons are also one of the evidence taken by the judge .

Emoticon meaning 、 Effectiveness is difficult to determine

Besides , One netizen said ,“ Some emoticons don't even know what they mean ”,“ What if the meaning I want to express is different from the official interpretation ？”

according to the understanding of , Even the same emoticon , There will also be display differences in different mobile devices , Such as apple iOS Systematic “ Awkward smile ” The expression is displayed as “ Laugh ”, It is easy to cause misunderstanding between both sides .

On different platforms “ smile ”emoji, Picture source ： Jiangsu high court

Regarding this , The Jiangsu high court also mentioned the difficulties of emoticons in the practice of judicial recognition ：

1. 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 ;

2. Different courts hold different opinions on whether emoticons have evidentiary effect . 

For example, the Guangzhou intermediate people's court held that , Emoticons are used to help express feelings 、 Visual images of emotions and thoughts , It cannot be recognized as a commitment in the legal sense only by emoticons , Therefore, it is not recognized that the party concerned sent “OK” The expression means consent .

The Xiamen intermediate people's court held that , According to daily communication habits and chat context , Sent by the parties “OK” The emoticon shall be deemed to have agreed to the other party's request , And make a judgment accordingly .

Court finds discrepancy , Different people have different understanding of the same emoticon , The most typical is “ smile ” On wechat . For young people , This expression represents “ ha-ha ”, Yes “ Taunt ” And other negative meanings , But in the eyes of the elders , It is kindness 、 A friendly smile .

  Picture source ： Microblogging  

therefore , There are many interpretations of the meaning of wechat emoticons , It also reminds you that when it comes to personal interests or transactions , Try to express important information in words , Avoid unnecessary misunderstanding and disputes . 

Last , Which emoticon do you use most when chatting ？ What do you think it means ？ Welcome to leave a message ~

Reference link ：

• https://mp.weixin.qq.com/s/eNix3mkkzAz2FpuX4zbKWw

• https://weibo.com/5044281310/LzE8bnbvX

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