微信聊天记录对于控、辩双方而言是既“熟悉”又“陌生”的证据,这充分体现在质证环节,即出现频次高但质证存在感低。文章通过相关裁判文书的收集分析,发现实践中微信聊天记录存在质证缺失、质证不充分、质证采信率低的三大问题,导致微信聊天记录在刑事案件中不能充分发挥其证明力,甚至产生“冤错案件”。鉴于微信聊天记录的广泛应用,有必要规范其适用条件并健全质证规则。此外,应加快庭审实质化的进程,推动控辩实力的均衡化,提升辩护质量,将整个质证环节落实,促进该证据的规范适用。WeChat chatting records for the prosecution and defense are both “strange” and “familiar” evidence, which is fully reflected in the cross-examination, that is, the frequency of occurrence is high but the presence of cross-examination is low. The author through the collection and analysis of relevant judicial documents, found that in practice WeChat chatting records have three dilemmas that there is a lack of cross-examination, the right of confrontation can not be used sufficiently, low rate of admissibility of the results of cross-examination, resulting in WeChat chatting records in criminal cases can not give full play to its probative value, and even produce “false” cases. In view of the wide application of WeChat chatting records, it is necessary to strictly regulate the conditions of its application and improve the rules of evidence. In addition, we should speed up the process of substantive trial, promote the balance of the prosecution and defense status, improve the quality of defense, implement the whole cross-examination process, and promote the normative application of the evidence.
