对于非法证据的认定及排除,学界有了诸多研究,但对于非法证据的研究大多集中于如何排除的寻找突破口问题上,而对于如何认定非法证据却没有放在一个独立的位置,往往是附带性的涉及。立法机关和司法机关也在实践中确立了一些排除规则。排除非法证据不仅是刑事法律的一大进步,更是对于人权的尊重与保障。非法证据排除规则有效运行的前提是对非法证据的科学认定,但目前法律的规定依然也存在诸多弊端,相比于国外,还有待于学习和借鉴,以期进一步完善和规范。 There are many studies on the identification and exclusion of illegitimate evidence, but most of the studies on illegitimate evidence focus on how to rule out the problem of finding a breakthrough. However, there is often no attachment to the identification of illegitimate evidence in an independent position Involved. The legislature and the judiciary have also established some exclusionary rules in practice. Excluding illegal evidence is not only a great progress of criminal law, but also a respect and guarantee of human rights. The premise of the effective operation of the exclusionary rule of illegal evidence is the scientific recognition of illegitimate evidence. However, there are still many drawbacks in the current legal provisions. Compared with other countries, it still needs to learn and learn from it in the hope of further improvement and standardization.