Applicable Rules Of Sms Evidence In Litigant Process

Since the 1990 s,with the popularity of mobile phone and the rapid development of Short Message Service,or SMS for short.SMS evidence appears in the field of civil proceedings,criminal proceedings and administrative proceedings more frequently,it shows an increasingly greater value.To meet the needs of development,Interpretation of the Supreme People's Court about application of Civil Procedure Law of the People's Republic of China,which promulgated on 14 march,2012 approve the SMS's competency of evidence.Although present procedural law have set up excellent rules of evidence,SMS evidence is characterized by high-tech,dependency,virtuality,frangibility in comparison with traditional evidence,the present law of evidence can't satisfy the demand of SMS evidence's judicatory practice,So it is necessary to construct new evidence rules for SMS evidence itself.The first part mainly introduces text messaging evidence's value,definition and characteristics.SMS highly evidential value and its uniqueness decided it is necessary to set up excellent rules of evidence for it.The second part the paper begin with two criminal cases and one civil case,analyze the current usage situation on SMS evidence,Even though the number of SMS evidence appeared in court is growing by leaps and bounds,involving types are becoming increasingly diverse,but a great percentage of SMS evidence does not be sustained by the judge.why this situation occurred?Because there are many problems in the process of SMS evidence's usage,the reasonable strategies in resolving these problems will be provided at the following four parts separately.The third section discusses collection of SMS evidence,collection and preservation of evidence is an essential precondition that evidence is submitted in court,the author study this issue from the following angles:collection subjective,collection object,collection contents,collection methods respectively.The forth section,about submitting evidence to court,the author concentrated on a controversial topic that how to differentiate between the original SMS evidence and the copy of SMS evidence.Given SMS evidence is characterized by high-tech,dependency,we can not distinguish between the original SMS evidence and the copy of SMS evidence as the way we distinguish traditional evidence.We have to construct new evidence rules for SMS,that's to say,In given conditions,we can regarded the copy of-SMS evidence as original SMS evidence.The fifth section the paper expound examination of SMS evidence,the author points out common opinions the litigious party will raise.It emphatically discusses that if one of the parties questiond the legitimacy,relevance and objectivity of the SMS evidence,whether a judge may take the form of the presumption approve the competency and weight of SMS evidence.The last part is about identification of SMS evidence.This section first explore whether we should take a two-step authentication method when identify SMS evidence,which is to examine competency of SMS evidence before examine weight of SMS evidence.Next,the author noted that identification of SMS evidence should include two aspects:Onthe one hand,the competency of SMS evidence,on the other hand,and weight of SMS evidence.Secondly,we must judge the competency of SMS evidence According to its legitimacy,relevance and objectivity.