非法证据的证据能力,一直是诉讼理论和实践中颇具争议的问题。一方面,非法证据的采用对于国家机关查明案件事实,追究惩罚犯罪具有不可替代的作用。另一方面基于保障公民个人权利,防止国家权利过度扩张给公民权利造成侵害的宗旨,非法证据又不应该成为法官判案的依据。但是,随着世界各国在政治领域的民主进程的发展,各国越来越趋向于选择人权保障的价值目标。在此背景下,便有了非法证据排除程序的诞生。本文以非法证据为切入点,借此谈谈我国非法证据排除程序的现状及一些建议。 The evidence of illegal evidence has always been a controversial issue in litigation theory and practice. On the one hand, the use of unlawful evidence has an irreplaceable effect on the state organs in ascertaining the facts of the case and in investigating and punishing the crimes. On the other hand, based on the principle of safeguarding the individual rights of citizens and preventing the over-expansion of state rights from infringing on citizens’ rights, illegitimate evidence should not become the basis for judging judges. However, with the development of the democratic process in various countries in the world in the political field, countries increasingly tend to choose the value goal of guaranteeing human rights. In this context, there is the birth of an illegal evidentiary exclusion procedure. This article takes illegal evidence as an entry point, to talk about the status quo of our country’s illegal evidence exclusion procedure and some suggestions.