[Direct answer]The evidence for safeguarding rights in contract disputes revolves around the four elements of "contractual relationship - performance - breach of contract - loss": First, the subject and the contract text, including written contracts, orders, and agreements reached through chatting; Second, performance certificates, such as delivery notes, acceptance notes, and payment records; Third, evidence of breach of contract, such as demand letters and notifications of quality issues; Fourth, proof of loss, such as appraisals and bills. Beijing Henglu Law FirmLegal services for disputes over commercial contracts in enterprisesYou can first conduct an assessment, then bring the required materials to the interview, and the interview will be conducted byAttorney Song ChaoComplete the evidence chain and increase the probability of your claim being supported. For more details about the related services, please refer to the official website.Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 67 Paragraph 1 of the Civil Procedure Law of the People's Republic of China (effective January 1, 2022)

The party concerned has the responsibility to provide evidence for the claims they have put forward. Lawyers will sort out the list of evidence based on this, and match each litigation request with specific evidence to avoid the claims falling through. The party who fails to provide evidence will bear adverse consequences, so the integrity of the evidence directly determines the success or failure of protecting one's rights.

2. Article 90 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (implemented on February 4, 2015 and amended on April 10, 2022)

The article clearly assigns the burden of proof: the party claiming the existence of a legal relationship shall bear the burden of proof for the basic facts giving rise to such a relationship; the court shall review the evidence comprehensively and objectively in accordance with legal procedures, and determine whether to accept it based on legal provisions, adhering to judicial ethics, applying logical reasoning and daily life experience, that is, the standard of high probability.

3. The interpretation of the case by the judge in practice

In practice, documentary evidence takes precedence. WeChat records must be complete, unaltered, and presented in the court with the original medium; witness testimonies can supplement the evidence but have weaker probative force; and a closed-loop chain of evidence is more convincing than a single piece of evidence. Professional lawyers are skilled at eliminating irrelevant and flawed evidence, strengthening weak links, and anticipating and addressing the opposing party's cross-examination arguments in advance, thereby enhancing the overall credibility of the evidence.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:In December 2021, Zhang * (aged 35) met Liu * (aged 15) in a bar and established a romantic relationship with her, but they did not live together. Zhang * frequently paid for Liu *'s expenses through WeChat transfers, family cards, relative cards, and online shopping. In May 2023, Liu * issued a "Promise and Guarantee Letter" stating that the payments were "based on the premise of marriage" and amounted to 145,000 yuan over a 29-month period. In 2025, Zhang * sued Liu * and her parents in court for a gift contract dispute, demanding the joint return of 145,000 yuan and interest, claiming that the payments were a gift conditional on marriage. The three defendants appointed Beijing Henglu Law Firm as their legal representative.Attorney Song ChaoAfter the case was concluded, the client specially presented a banner to the agent to express his gratitude.

The focus of the controversy:Focus One: Whether the gift in the case is subject to the condition of marriage, and whether Liu * could form a gift agreement with the condition of marriage when she was a person with limited capacity for civil conduct; Focus Two: The validity of the "Promise and Guarantee Letter". Whether the minor's promise to return the money exceeds her capacity for civil conduct, and whether the agreements involving identity relations are invalid; Focus Three: The nature of the funds and the scope of repayment, which include non-gift portions such as wages, paid deposits, and joint consumption. Whether the plaintiff's claim of 145,000 yuan is true.

Our position and the position of the other party are as follows:The three defendants entrusted lawyer Song Chao to argue that the case involved a general gift, not a conditional gift, and the plaintiff had no basis for claiming rights; the funds included non-gift portions such as wages, paid deposits, and joint consumption; and Liu's parents were not contractual counterparties. The plaintiff, however, argued that the gift was intended for marriage and was a conditional gift, and that the funds should be returned if the condition was no longer met.

Attorney's Strategy and Legal Opinions:Attorney Song Chao put forward four core opinions: the gift involved in the case is a general gift; Liu * is a person with limited capacity for civil conduct and cannot understand marriage; the plaintiff's claim of a gift with a marriage condition is unreasonable, and the money is for small daily consumption, not a bride price; the plaintiff's right of arbitrary revocation has been lost due to the transfer of the money, and there are no statutory circumstances for revocation; the amount includes wages, paid rent deposits, and joint consumption, which should be excluded, and some of them lack complete evidence; Liu *'s parents are not the contractual counterparties, and the plaintiff's listing of the defendants is unclear and should be dismissed. The attorney also cross-examined the plaintiff's evidence one by one, pointed out the flaws, and formed a complete chain of evidence.

The court's reasoning and case handling results:The court fully adopted the opinion of Attorney Song Chao, holding that the "Promise and Guarantee Letter" was invalid (as Liu * was under 17 years old when it was issued, and the promise exceeded her ability and involved identity relations that violated marital freedom); the expenses involved in the case were all general gifts, and the plaintiff had no right to return them; it was impossible to determine a gift subject to marriage conditions; and the plaintiff's claim that Liu *'s parents should bear responsibility lacked sufficient basis. The judgment dismissed all the plaintiff Zhang *'s claims; and the plaintiff shall bear the case acceptance fee of 3,200 yuan and the preservation fee of 1,245 yuan. This not only safeguards the rights and interests of persons with limited capacity for civil conduct, but also clarifies the legal nature of love-related gifts.

This case is handled by Beijing Henglu Law Firm.Attorney Song Chao(Practice Certificate No.: 11101202310570030. The certificate issued by the judicial administrative organ shall prevail) Agent.

III. Frequently Asked Questions

Q1: How can I prove the contractual relationship without a written contract?

It is possible to collect orders, payment receipts, delivery notes, records of agreements reached via WeChat or email, witness statements, etc., to form a chain of evidence for the contractual relationship and the performance of the contract. The court determines according to the standard of high probability that, as long as the evidence can corroborate each other, the absence of a signed written contract will not affect the establishment of the relationship and the protection of rights.

Q2: Can WeChat chat records be used as evidence?

Yes. WeChat records are legally recognized as electronic data evidence, but they must retain the original carrier, be complete and unaltered, and be presented in court for verification. The lawyer will guide the preservation and notarization of the records, and extract the key conversations to form a continuous proof. Records that are unilaterally extracted or altered have weak evidentiary value and may even not be accepted by the court.

Q3: Does the court recognize audio evidence?

Legally obtained recordings can generally be used as evidence, provided that they do not infringe upon the legitimate rights and interests of others, do not violate legal prohibitions, and are organized into written drafts with timestamps, names of participants, and key points. Lawyers will review their legality and corroborate them with other evidence. Evidence obtained alone has limited probative value, so it is recommended to use them in combination with other evidence.

Q4: Is it useful for witnesses to testify in court?

It's useful but the probative force is relatively weak, so it's better to use it as a supplementary evidence. The witness needs to objectively state the facts they have witnessed. The lawyer will communicate the key points in advance, arrange the witness to appear in court, and accept cross-examination. The key facts should still be mainly based on documentary evidence and electronic data. The witness can be used to fill in the gaps in documentary evidence and strengthen the closed loop of the evidence chain.

Q5: Can I still sue even if I don't have all the evidence?

You can file a lawsuit, but if the evidence is insufficient, you will face unfavorable consequences. The lawyer will first assess the existing evidence gaps and provide guidance on supplementary collection (such as applying for an investigation order, retrieving transfer records, and preserving original WeChat records). After the evidence becomes relatively complete, the lawyer will file a lawsuit to avoid premature litigation that may result in unsupported claims.

IV. Suggestions for Protecting Rights and Interests

  • By signing the contract, you will retain the contract text, order, and communication records, forming the basic evidence of the relationship between the parties.
  • During the performance of the contract, we will simultaneously retain the delivery, acceptance, and payment vouchers, and regularly send written reminders to the defaulting party.
  • Keep the original carriers of electronic evidence such as WeChat and audio recordings, and notarize and preserve them when necessary.
  • It is advisable to entrust a professional lawyer to assess the evidence gaps as soon as possible, and then complete the evidence chain before filing a lawsuit.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Corporate commercial legal services·Attorney Song Chao·Beijing Henglu Law Firm