Research on the Main Jurisprudential Problems of Mobile Short Messages

Wei Chen · Journal of Shanxi Police Academy · 2009

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.

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