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当今科技越来越发达,手机也成为人们的必备,人与人之间联系也变得更为紧密,手机当然起到非常重要的作用。手机短信更是手机的最重要功能之一。在我们享受着这种便利的同时,也给了一些不法份子可乘之机,给社会带来了严重的危害。因此由手机短信产生的各种案件受到大众越来越多的关注,因为这是作为新鲜产物所带来的问题,所以给民事讼诉程序带来了一些考验。保障手机短信发挥作为证据的客观性、现实性,发挥在诉讼中其应有的证明效力,是我们必须要面对的问题。笔者以前人的研究为基础,结合我国司法和立法中手机短信运用的现状,深入分析手机短信真实性遭受质疑的原因,对民事诉讼中手机短信相关问题进行探究。
Today’s technology is more and more developed, and mobile phones have become essential for people. As a result, the connection between people has become more and more closely. The mobile phone certainly plays a very important role. SMS is one of the most important cell phone functions. While we are enjoying this kind of convenience, we have given some criminals the opportunity to take advantage of it and have brought grave harm to the community. Therefore, all kinds of cases arising from SMS are getting more and more attention from the general public. Because this is a problem arising from being a fresh product, some trials have been brought to the civil procedure. To protect the objectivity and reality of using SMS as evidence and to exert its due effectiveness in litigation is what we have to face. Based on the previous studies and the status quo of the application of SMS in China’s judiciary and legislation, the author deeply analyzes the reasons why the authenticity of SMS is questioned and explores the related issues of SMS in civil lawsuits.