EMOJI IN FOREIGN JUDICIAL PRACTICE

Abstract

The article examines cases of using emoticons (emoji) in foreign judicial practice. The relevance of the work is primarily due to the emergence of emoticons (emoji) in law enforcement and judicial activities. The need to provide a legal assessment of this way of expressing human thoughts. It is noted that the language used by people when communicating using the Internet has changed. Now it can be considered an «oral and written» language. The main goal of the article is to study the use of emoticons (emoji) in foreign judicial practice in order to assess the applicability of existing approaches in the world for Russian judicial reality. The article discusses the problems of defining emoticons (emojis), the problems of differences in the way the same emoticon (emoji) is displayed in different applications, as well as in different operating systems on both mobile and stationary devices. When writing the article, general scientific methods (dialectical, logical, system analysis method) and special methods of legal science were used. For example, based on the objectives of the article, the comparative legal method was actively used in terms of comparison The article provides examples of judicial practice in different countries. Both widely known examples and unknown cases are given. More attention is paid to examples of the practice of the PRC. It has been established that the number of court decisions that touch upon emoji is not large compared to the number of all other cases. However, the number of cases of using emoticons in business is large - most situations do not reach court proceedings. The work reflects two approaches to the interpretation of emoticons (emoji), which are found in world judicial practice: the Four Corners Rule and the approach of the situational scheme for interpreting emoticons proposed in the PRC.

Keywords

• emoticons
• emoji
• emoticon
• text interpretation
• contractual relations
• comic contracts