The Application Of SMS Evidence In Civil Proceedings

While the commencing of Information Age, SMS evidence appear in the field of civil procedure, which has made a great impact on the system of that, and the pivotal role of SMS evidence in ascertaining the facts in issue is increasingly prominent. Such evidence, however, characterized by its virtuality, intangibility, etc., does frequently incur doubt of its authenticity and reliability since it may be deleted or altered easily. Therefore, how to ensure its validity and give it the deserved play in litigation has turned out to be an unavoidable issue. Stipulations relating to the current evidential system in our country are extremely simple and vague, which can no longer keep pace with the problems emerging in the judicial practice. As a result, no relative laws have been enacted to regulate the classification of the evidence, evidence competence and weight of proof, causing problems in handling the cases on SMS evidence and block the way of the realization of the resolution of civil disputes.The author makes a systematic study of both the theories and legislation of SMS evidences, based on an in-depth analysis of the cause of subjecting it to doubt of its truth.This treatise intends to make some instructive efforts to quest how to ensure its validity and give it the deserved play in litigation.The paper begins with three cases, solve the issues in the application of the electronic evidences. SMS evidence is classified into two specific kinds that was "SMS evidence approbated by the opposing party" and "SMS evidence not approbated by the opposing party", according to the criterion of parties'approbation. Above-mentioned two kinds respectively have no fewer than three kinds of circumstances when they are incarnated into the reality. In the basis of characters of SMS evidence, the writer puts forward idiographic countermeasures and brings forward her own advice about the maturity of SMS evidence legislation, with referring to the criterion of examination and mode of adoption on the electronic evidence.