Can SMS be used as a legal basis?

Mobile phone text messages, audio recordings, cameras, etc. can be used as evidence in litigation, and the probative force of use alone is not great, and there are still some limitations.

1. Mobile phone text messages, recordings, cameras, etc. should try to retain the original carrier

The Supreme People's Court on evidence in civil proceedings.

Article 22 of the Several Provisions (hereinafter referred to as the Provisions) stipulates: "Where investigators investigate and collect computer data, audio or video recordings, and other audio-visual materials, they shall require the person being investigated to provide the original carrier of the relevant materials. If it is difficult to provide the original carrier, a copy may be provided.

Article 68 of the Several Provisions limits the scope of exclusion of illegal evidence to "evidence obtained by means that infringe upon the lawful rights and interests of others or violate the prohibitive provisions of the law", the former includes evidence obtained by acts that infringe upon the lawful rights and interests of others by means of detention, coercion, etc., and the latter includes all evidence obtained by methods that violate the prohibitive provisions of the law. Due to the special nature of matrimonial cases, such methods of obtaining evidence cannot be treated as illegal evidence, and as long as the evidence is not obtained through acts that seriously infringe upon the lawful rights and interests of others, such as detention or coercion, or evidence obtained by methods that violate the prohibitive provisions of procedural law or substantive law, the evidence shall be found to have evidentiary capacity.

3. Try not to use evidence such as mobile phone text messages, audio recordings, and videos alone

Audio-visual materials such as audio recordings and videos cannot be used alone as the basis for determining the facts of a case, and can only be used as evidence in a verdict if there is other evidence to support it. For example, article 69 of the Civil Procedure Law stipulates that "the people's court shall distinguish the authenticity of the audio-visual materials, and examine and determine whether they can be used as the basis for determining the facts in combination with other evidence in the case"; Article 69 of the Several Provisions further clearly stipulates that "audio-visual materials with doubtful points" cannot be used alone as the basis for determining the facts of a case.

According to the relevant laws, mobile phone text messages are not included in the scope of evidence, and the main body of evidence is still reflected in the written materials, audio-visual materials, and in the court evidence stage, your mobile phone text messages as evidence are untenable, and the court will generally not support them!

Yes, but you must prove that the text message was sent by that person, and that the time corresponds to each other.

Text messages can be used as evidence, which is electronic data evidence.

Article 63 of the Civil Procedure Law Evidence includes:

1) Statements of the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Text messages can be used as evidence in the case. However, in the course of the trial of the case, the content of mobile phone text messages, screenshots and other contents used as evidence can easily be tampered with by others, so when submitting such evidence, it must comply with the formal requirements of the law. The court will conduct a rough verification of the three properties of the text message:

1. Review the sender, recipient's name, mobile phone number, and time of sending and receiving the SMS, and also review the relationship between the two;

2. Review whether the location of the SMS storage has changed, and pay attention to whether the sent information is still stored in the outbox;

3. Review whether the content of the text message is complete, whether there is any contradiction with other submitted evidence, and whether there is a correlation with the facts that need to be confirmed;

4. If necessary, you can apply to the telecommunications bureau for appraisal or assistance in investigation. Legal basis: Article 63 of the Civil Procedure Law, evidence includes:

1) Statements of the parties; 2) documentary evidence; 3) physical evidence; 4) audio-visual materials; e) electronic data; 6) witness testimony; 7) Appraisal opinions; 8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts.

The Civil Procedure Law stipulates seven types of evidence: documentary evidence, physical evidence, audio-visual materials, witness testimony, party statements, appraisal conclusions, and inquest records. The so-called evidence refers to the basis for collecting, reviewing, and verifying in accordance with legal procedures, which can prove the true circumstances of the case.

As long as the mobile phone text message meets the attributes of evidence and can "prove the true situation of the case", it can be used as evidence. Article 2, paragraph 2, of the Electronic Signature Law stipulates that "a data message is information generated, sent, received or stored by electronic, optical, magnetic or similar means. "Article 7 provides; "A data message shall not be rejected as evidence solely because it was generated, sent, received or stored by electronic, optical, magnetic or similar means."

Article 5 stipulates: "A data message that meets the following conditions shall be deemed to meet the requirements of the original form prescribed by laws and regulations: (1) it can effectively represent the content contained therein and can be accessed and used at any time; (2) It can be reliably guaranteed that the content remains intact and unaltered from the time of final formation.

However, the addition of endorsements to data messages and changes in form that occur during data exchange, storage and retransmission do not affect the integrity of data messages. "Mobile phone text message is a text or ** with mobile phone model as the information transmission terminal and the dust body, and its essence is a data information flow, which belongs to the category of data messages. Can be used as evidence.

Article 63 of the Law on the Procedure for Dispersing Matters of the People's Republic of China, the evidence includes:

1) Statements of the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 71: People's courts shall distinguish the authenticity of audio-visual materials, and combine them with other evidence in the case to review and determine whether they can be used as a basis for determining facts.

As long as the mobile phone short-pin chain letter meets the attributes of evidence and can "prove the true situation of the case", it can be used as evidence. Paragraph 2 of Article 2 of the Electronic Signature Law stipulates that "a data message is information generated, sent, received or stored by electronic, optical, magnetic or similar means.

First, mobile phone text messages can be used as a mock-up of this. 2) In accordance with Article 74 of the Civil Procedure Law, in the case that the evidence is quickly available, it may be lost due to lack of combustion energy or it is difficult to obtain it in the future.

Mobile phone text messages can be used as legal evidence, but in the course of litigation, they can only be used as the basis for a verdict after being verified by the people's court after they have been verified by the people's court. China's Civil Procedure Law stipulates that evidence includes the statements of the parties; documentary evidence; Evidence; audio-visual materials, etc.

Article 66 of the Civil Procedure Law of the People's Republic of China Evidence includes: (1) the statements of the parties; Qingming (2) documentary evidence; 3) physical evidence; (4) Audio-visual materials; (five) electronic data; 6) witness testimony; 7) Appraisal opinions; 8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts.