Abstract:Evidence spoliation seriously violates the honesty, credibility and equality of litigation as well as infringes litigant's interest, so it should be restricted. Sanctions on evidence spoliation should distinguish according to the fault patterns, adopting the theory of empirical rule and the theory of duty violation in the substantive law respectively. Restriction of evidence spoliation shouldn't be simplified. To ensure its rationality and feasibility, the judge's free discretion is inevitable.