SMS can be used as legal evidence, but what if the mobile phone is broken? Is there any way to keep the message?

It can be used as evidence, which belongs to electronic data evidence and needs court review and court cross-examination. Proof is weak, it is better to have other evidence.

1. Article 63 of the Civil Procedure Law stipulates that the evidence includes:

(a) 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 the inquest.

Evidence must be verified before it can be used as a basis for ascertaining facts.

Article 77 of the Supreme People's Court's Provisions on Evidence in Civil Proceedings stipulates that the people's court shall determine the probative force of several evidences for the same fact? Can be identified according to the following principles?

(a) the probative force of official documents and documentary evidence produced by state organs and social organizations according to their functions and powers is generally greater than other documentary evidence;

(2) Physical evidence, archives, expert conclusions, records of inspection or notarized and registered documentary evidence? Its probative force is generally greater than other documentary evidence, audio-visual materials and witness testimony;

(3) The probative force of the original evidence is generally greater than that of the obtained evidence;

(4) The probative power of direct evidence is generally greater than that of indirect evidence;

2. Article 48 of the Criminal Procedure Law stipulates that all materials that can be used to prove the facts of a case are evidence.

Evidence includes:

(1) Physical evidence;

(2) Documentary evidence;

(3) Testimony of witnesses;

(4) the victim's statement;

(5) confessions and excuses of criminal suspects and defendants;

(6) Appraisal opinions;

(7) Records of inquests, inspections, appraisals, investigations and experiments;

(8) Audio-visual materials and electronic data.

The evidence must be verified before it can be used as the basis for finalizing the case.

Article 94 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC) (20 12) stipulates that in any of the following circumstances, audio-visual materials and electronic data shall not be used as the basis for finalization:

(a) after examination can not determine the authenticity;

(two) the time, place and method of production and acquisition are in doubt, and it is impossible to provide necessary certificates or make reasonable explanations.