在刑事诉讼中,作为辩方主体之一的被告人为对抗检察公诉机关的指控是否能够具有取证权,以及辩方的取证程序和何谓辩方的“非法证据”,在我国刑事诉讼法律中没有规定或语焉不详,学界对此问题的关注也较少。笔者通过对一个近期案例的分析和展开,意在对此问题谈些粗浅看法,以求教于同仁。 In criminal proceedings, as one of the main defense of the defendant against the prosecutorial prosecutor’s allegations whether it can have the right to obtain evidence, as well as the defense’s procedures and the defense forensic evidence of “illegal evidence” in China’s criminal procedural law does not provide Or did not elaborate, the academic community is less concerned about this issue. Through the analysis and expansion of a recent case, the author intends to talk about some superficial opinions on this issue so as to seek advice from colleagues.