2012年非法证据排除规则正式规定在我国刑事诉讼法典中,至今该规则在实践中业已实行四年许,然而,从已有的判决看该规则却几近成为一条“死”规则,法院“不会用、用的少、不想用”问题突出。形成这一现状的原因主要是:第一,我国重实体轻程序的文化观念根深蒂固;第二,在司法体制方面,法院缺乏独立性难以有效承担督导侦查违法重任;第三,在立法方面,非法证据排除规则立法用语弹性大且在技术规则上法院回溯性证明的难度系数高。 However, judging from the existing judgments, the rule has almost become a “dead” rule, and the court has already implemented the rule of “law of death” in the criminal procedure code of our country. “Will not use, use less, do not want to use ” The problem is outstanding. The reasons for the formation of this status quo are mainly as follows: First, the cultural concept of China’s heavy entity light procedure is deeply rooted; secondly, in the judicial system, the lack of independence of the court makes it difficult to effectively supervise and prosecute the criminal responsibility; thirdly, in terms of legislation, Rule of Evidence for Rule of Evidence Legislation is flexible and has a high degree of difficulty in the technical rules that the court verifies retrospectively.