Abstract: Domestic scholars define spoliation of evidence relatively simple, and they do not distinguish among spoliation of evidence, proof of prejudice and proving prejudice that are used for the same denotation. Referring to the usage of the Japanese scholars and the majority of domestic scholars, this paper discusses that spoliation of evidence is the system that one party can attribute to the other party or a third person in or out of proceedings, intentional or negligent act or omission, thus resulting in his own actions proving difficultly or impossibly, which leads the court to decide on the assured fact to make a beneficial adjustment for the impeded parties.