我国传统的诉讼观念强调查明诉讼案件事实真相以实现实体正义,这种诉讼观念对于我国刑事诉讼中建立和实施非法证据排除规则具有阻碍作用。同时,我国现行法律制度中存在阻碍排除规则实施的因素,包括法院缺乏独立性、中立性和权威性、追求真实发现的再审制度等。因此,在我国刑事诉讼法中建立非法证据排除规则存在诉讼观念上和法律制度上的障碍,由此决定我国建立非法证据排除规则应循序渐进,不可操之过急。 The concept of litigation in our country emphasizes to find out the truth of the litigation so as to realize the substantive justice. This notion of litigation has an obstruction to the establishment and implementation of the rule of exclusion of illegal evidence in our criminal procedure. At the same time, there are some factors that hinder the implementation of the rule of exclusion in the current legal system in our country, including the lack of independence, neutrality and authority of the court and the retrial system of the pursuit of truthful discovery. Therefore, the establishment of the exclusionary rule of illegal evidence in our country’s criminal procedure law has some obstacles on the conception of lawsuit and legal system, so we should rule out the rule of eliminating illegal evidence in our country step by step.