Legal effect of SMS evidence

Legal analysis: With the development of society and the progress of science and technology, SMS, as a new type of evidence besides the seven types of evidence in litigation, is gradually being put into court and questioned by judges and parties. The evidential effect of short messages has aroused widespread concern, but whether short messages can be used as evidence is not clearly stipulated in our current laws. At present, there are seven kinds of legal provisions in China: documentary evidence, material evidence, audio-visual materials, witness testimony, statements by parties, expert conclusions and transcripts of inspection. No matter what kind of evidence, it should have three attributes: objectivity, relevance and legitimacy. To evaluate whether mobile phone short messages can be used as evidence, we should first consider whether mobile phone short messages have evidence effect, that is, mobile phone short messages should also have three attributes of evidence: objectivity, relevance and legitimacy.

Legal basis: Some provisions of the Supreme People's Court on evidence in civil proceedings.

Article 93 The people's court shall comprehensively judge the authenticity of electronic data by combining the following factors: (1) Whether the software and hardware environment of the computer system on which electronic data are generated, stored and transmitted is complete and reliable; (2) Whether the hardware and software environment of the computer system on which the generation, storage and transmission of electronic data depend is operating normally, or whether abnormal operation will affect the generation, storage and transmission of electronic data; (3) Whether the hardware and software environment of the computer system on which the generation, storage and transmission of electronic data depend has effective monitoring and verification means to prevent errors; (four) whether the electronic data is completely preserved, transmitted and extracted, and whether the methods of preservation, transmission and extraction are reliable; (5) Whether electronic data are formed and stored in normal activities; (six) whether the subject of saving, transmitting and extracting electronic data is appropriate; (seven) other factors affecting the integrity and reliability of electronic data. When the people's court deems it necessary, it may examine and judge the authenticity of electronic data by means of identification or inspection.

Article 94 The people's court may confirm the authenticity of electronic data under any of the following circumstances, unless there is evidence to the contrary enough to refute it: (1) Electronic data submitted or preserved by the parties against them; (2) provided or confirmed by a neutral third-party platform for recording and storing electronic data; (3) Formed in the normal business activities; (4) Save in the form of file management; (5) Save, transmit or extract in the manner agreed by the parties. If the contents of electronic data are notarized by a notary office, the people's court shall confirm its authenticity, unless there is enough evidence to the contrary to overturn it.