建立证据失权制度是为了防止证据突袭等造成当事人权益的损害、证据程序的反复,但是证据失权制度具有双面性,还容易导致实体正义的损害。因此,本文从证据失权的发展及新《民事诉讼法》修改的进步意义出发,考量价值并针对其不合理之处提出解困之建议。 The establishment of the system of evidence loss of authority is to prevent the damage of the rights and interests of the parties and the repetition of the evidence procedure caused by such as the raids of evidence. However, the system of evidence loss of authority is double-sided and can easily lead to the damage of the substantive justice. Therefore, based on the development of the loss of evidence and the progress of the amendment of the new Code of Civil Procedure, this article considers the value and proposes the solution to the problem of its unreasonableness.