狭义上的非法证据,是指司法人员违反法律规定的程序或方式而取得的证据,也可称为“非法取得证据”。非法取得的证据是否具有法律效力,能不能作为定案的根据,不同的国家与地区或同一国家的不同时期都有不同的选择。我国学者对此也有不同的看法。笔者试图通过剖析国外典型做法,结合本国特色,提出对非法证据采纳问题的适当做法。 In the narrow sense, the illegal evidence refers to the evidence obtained by the judicial personnel in violation of the procedure or the method prescribed by law, which may also be called “illegally obtained evidence.” Whether the illegally obtained evidence has the force of law can serve as the basis for finalizing the case. Different countries or regions or different countries at the same time have different choices. Chinese scholars also have different views on this. I try to analyze the typical practices abroad, combined with its own characteristics, put forward the appropriate approach to the adoption of illegal evidence.