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What is the evidence of SMS?

Legal analysis

SMS should belong to documentary evidence. Documentary evidence refers to written materials that prove the situation related to the facts to be proved by their contents. All thoughts and behaviors recorded in words, all kinds of symbols and patterns are used to express people's thoughts, and articles whose contents have the function of proving facts are documentary evidence. Documentary evidence depends on the written form in form and the relevance of the recorded or expressed ideological connotation to the case in content, so it can be used as the basis for determining the facts of the case. Documentary evidence must be the ideological content recorded and expressed in the form of words, symbols or patterns, and should be recognized and understood by people according to the usual standards as a necessary medium for spreading information resources. The ideological content recorded or expressed in documentary evidence must be related to the facts to be proved or the object of proof related to the case.

legal ground

Decision of NPC Standing Committee on Amending the Civil Procedure Law of People's Republic of China (PRC). Article 63 is amended as: "Evidence includes:" (1) statements of the parties; "(2) Documentary evidence;" (3) Physical evidence; "(4) Audio-visual materials;" (5) Electronic data; "(6) Testimony of witnesses;" (7) Appraisal opinions; "(8) Records of inspection." Evidence must be verified before it can be used as a basis for ascertaining facts. "Accordingly, the" expert conclusions "in Articles 124 and 171 are amended as" expert opinions ".