With the development of society and the progress of science and technology, mobile phone short messages, as a new type of evidence beyond the seven types of evidence in litigation, are gradually being placed in court to be questioned by judges and parties. The evidentiary effect of mobile phone short messages has aroused widespread concern. However, whether mobile phone short messages can be used as evidence is not clearly stipulated in China's current laws. At present, there are seven types of evidence in China's law: documentary evidence, material evidence, audio-visual materials, witness testimony, statements of the parties, expert conclusions, and inspection records. No matter what kind of evidence, it should have three major properties: objective, relevant, and legal. To evaluate whether mobile phone short messages can be used as evidence, we should first consider whether mobile phone short messages have the effect of evidence, that is, mobile phone short messages should also have three major features of evidence: objectivity, relevance and legitimacy. Objectivity of evidence refers to the objective existence of evidence as an objective legacy of the facts of a case that has occurred and is not transferred by the subjective will of people. The objectivity of the evidence requires that the mobile phone message must truly reflect the facts of the case, and the content of the mobile phone message should not have been deleted; The relevance of evidence means that the evidence must have a certain connection with the facts of the case or other disputed facts that need to be proved. Specifically, as each mobile phone number corresponds to a unique user, SMS can only be sent and received between two specific mobile phone numbers. In the absence of other evidence to the contrary, SMS sending and receiving between two specific mobile phone numbers can be identified as communication between two specific users at a specific time; The legitimacy of evidence means that the evidence should be legal in procedure (the source, collection process or extraction method of evidence must comply with the provisions of the law), form and subject (mainly for personal evidence). For the source of SMS, strictly speaking, the following contents should be presumed to be reviewed:
 (1) Whether the SMS evidence is objective and true;
 (2) Whether the subject, time, place, process and object of SMS evidence collection are legal;
 (3) Whether the SMS evidence is illegally input and controlled by others. It can be seen from the above analysis that mobile phone short messages, as evidence, have the relevance of evidence, but because of the ease of deletion and modification of mobile phone short messages and the complexity of their sources, it directly affects the objective and true determination of the facts of the case. How to judge the probative effect of mobile phone short messages without explicit provisions of the law, It is necessary to rely on the presiding judge's discretion to make a comprehensive determination.