手机短信的主要法律问题探究

Research on the Main Jurisprudential Problems of Mobile Short Messages

随着手机用户的快速增长,手机短信发送数量惊人。手机短信作为证据已运用于各种刑事、民事案件中,其作用不可忽视。手机短信证据是指能够证明案件事实的,经由通信网的业务承载平台传输的,其发送方或接收方中至少有一方为手机用户的,能在手机上以文本、数字、图画、声音或者多媒体等形式展现出来的电子信息资料及其派生物,其性质是电子证据。本文从手机短信技术原理出发,全面阐述了手机短信的存储方式和主要特征,认为手机短信证据是一种特殊的电子证据,并提出电子证据应当被列为一种单独的诉讼证据,并对手机短信证据的证据能力、证明力、收集和保全等问题进行了探究。

At present, with the fast growth of mobile users, the quantity of Mobile Short Message （SMS and MMS） fiercely increased. The Mobile Short Message as evidence has already been used in kinds of criminal and civil cases and the role of it can not be ignored. The writer thinks Mibile Short Message evidence, which request at least one part between sender and receiver is mobile user, are transported through correspondent communication network and showed as digital informative data and its derivation which is in the form of text, figure, picture, voice and multimedia etc. We take SMS and MMS for a type of digital evidence, which can prove the truth of the case. The paper started from technological principle of Mobile Short Message and completely explain the storage mode and main character of Mobile Short Message. As a conclusion, we consider mobile short message as a kind of special evidence and labeled as an independent one in lawsuit. Meanwhile, we discussed some issues about the competency and the force of such evidence, and how to collect, fix and save the evidence.