私人取证乃“普通公民自行收集和提取案件证据,而未有官方身份者参与其中”。刑事诉讼中私人非法取证的方式多种多样,从私人非法取证的学说态度来看,有以美国为代表的不排除说和以德国为代表的违反宪法基本权说两种观点;从台湾地区对于私人非法取证的效力对待来看,权衡理论在目前来说是一种比较理想的发展趋势;中国对于私人非法取证的态度总体上加以禁止,提出正当的私人取证应当受到合理的肯定,并交由法院来判断是否采信。 Private Forensics is “Ordinary citizens to collect and extract case evidence on their own, without the official identity of those involved ”. There are various ways in which private illegal evidence collection in criminal proceedings can take place. From the perspective of the theory of private illegal evidence collection, there are two views represented by the United States, which do not exclude the fact that they are unconstitutional representatives of Germany and that violate the fundamental rights of the Constitution. The validity of the private illegal forensics treatment, the trade-off theory is now an ideal development trend; China’s overall attitude of private illegal forensics to be banned, put forward the proper private evidence should be reasonably affirmed and handed over to The court to determine whether to adopt the letter.