刑事证据合法性是我国诉讼证据理论上一个有争议的问题,有关刑事证据性质和特征的研究以是否具有合法性为争论焦点,在法学界形成“两性说”和“三性说”两种不同的观点。笔者是力主合法性的,而且认为,全国法院干部业余法律大学统编教材《刑事诉讼法讲义》在证据问题上采用“两性说”似有不妥。它不利于对法院干部进行诉讼法制和诉讼民主化的教育,对审判工作也会带来某些消极影响。当前,在审判实践中,不太重视证据的诉讼形式、不考虑证据许可性和可采性,在采证上过多地讲究实用主义等等现象,可以说无一不与我们在证据问题上不讲合法性有关。现谈谈自己的一孔之见。 The legitimacy of criminal evidence is a controversial issue in the theory of litigation evidence in our country. The research on the nature and characteristics of criminal evidence is the focus of debate whether there is legitimacy or not, and the two forms of “gender” and “sanity” are formed in the field of law the opinion of. The author is the main force of legitimacy, but also believes that the national court of amateur law college textbooks “Criminal Procedure Law” on the issue of evidence on the use of “gender” seems inappropriate. It is not conducive to education of court cadres in procedural legal system and democratization of litigation. It will also bring some negative effects on trial work. At present, in trial practice, we pay less attention to the forms of evidence litigation, disregard the permissibility and admissibility of evidence, and emphasize too much on pragmatism in evidence-gathering. We can all say that with the evidence issue Do not speak about the legitimacy. Now talk about my own opinion.