Evidence loss of right is the negative consequence of failing to cross-examine the evidence submitted by the parties on time. At present，in the practice of civil justice in our country，due to the consequences of the court’s selective granting of overdue evidence’s disqualification，the system of civil evidence Loss of right has failed to effectively curb the bad litigation phenomena such as litigation delay and evidence raid. The principle of good faith and procedural justice concept constitute the basis for the application of the system of evidence loss of power. The three elements of subjective imputation form of intentional or gross negligence，failure to prove evidence on time and overdue evidence is not related to the basic facts of the case together constitute the premise of the application of the wrong right of evidence. It is an effective way to promote the system of evidential disqualification by introducing the elements of delay in litigation，emphasizing the interpretation function of judges and unifying the applicable standard of evidence exchange.