手机短信已成为人们日常信息沟通的重要方式,手机短信的证据问题也随之进入证据法学的研究领域。在司法实践中,现有的证据种类无法容纳手机短信独有的特性,因而应将其作为独立的证据种类即电子证据予以确认。这是法学理论的内在需求,也是司法实践的迫切需求,更是社会发展及立法的大势所趋。 SMS has become an important way for people to communicate with each other everyday. The evidence of SMS also goes into the field of evidence jurisprudence. In judicial practice, the existing types of evidence can not accommodate the unique features of SMS, and should therefore be validated as a separate category of evidence, electronic evidence. This is an inherent demand of legal theory and also an urgent need of judicial practice. It is also a general trend of social development and legislation.