随着手机普及,手机短信已经以铺天盖地之势“侵入”大众的生活,故被称为“第五媒体”。但手机短信在给人们生活带来极大便利和乐趣的同时,也被别有用心的人所利用成为不法行为的工具,从而侵害公民的人身权和财产权等合法权益。本文将对此进行探讨分析,并提出改进与完善现行法律的具体建议。 With the popularity of mobile phones, mobile messaging has been overwhelmed by the potential “invasion” of the public life, it is called “fifth media ”. However, SMS brings great convenience and fun to people’s lives. At the same time, it is also used as a tool of wrongful conduct by people with ulterior motives, thereby violating the legitimate rights and interests of citizens such as personal rights and property rights. This article will explore and analyze this, and put forward specific suggestions for improving and perfecting existing laws.