非法证据排除规则正式进入我国刑事诉讼的立法视野和司法领域已有三年之余。但回首该证据规则的适用现状,却与立法初衷的理想预设有着较大落差,甚至在司法运行过程中出现“不会排、不敢排、不能排、排不动”的困境。其原因有规则自身操作性不强的规范障碍,也有传统司法观念的潜在影响,更有司法实务中实践障碍的惯性冲击,这些均制约着非法证据排除规则的有效适用。一、非法证据排除规则的适用现状。针对非法证据排除规则的适用状况,笔者选取了西南地区经济相对落后的A基层人民法 For more than three years, the exclusionary rules of illegal evidence formally entered the legislative perspective and judicial field of criminal proceedings in our country. However, reviewing the applicable status quo of the evidentiary rules, however, has a large gap with the ideal preconception of the original intention of the legislation. Even during the judicial operation, there appeared the dilemma of “not discharging, not discharging, not discharging, not moving”. The reason is that the rules are not easy to operate their own normative obstacles, but also the potential impact of traditional judicial concepts, but also the inertia impact of practical obstacles in judicial practice, which are restricting the effective application of the rule of exclusion of illegal evidence. First, the application of the rule of exclusion of illegal evidence. Aiming at the applicable situation of exclusionary rule of illegal evidence, the author selects A grassroots people’s law, which is relatively backward in economy in southwest China