“毒树之果”制度最早出现在美国,是美国诉讼制度中非法证据排除规则其中一个重要的规则,在美国受到广泛的应用。目前我国的法律对毒树之果制度并没有明确的规定,而学界对其的态度普遍是否定其效力。在此,认为应该在司法实践中全面摒弃毒树之果,并从必要性和可行性两方面论述摒弃的理由。 The “fruit of the poison tree” system first appeared in the United States and was one of the important rules of the exclusionary rule of illegal evidence in the U.S. litigation system. It was widely used in the United States. At present, the law of our country does not have a clear rule on the system of poison trees, and the attitude of the academic community to them is generally negative. Here, we think that we should completely abandon the poisonous tree in the judicial practice, and discuss the reason of abandonment from the necessity and the feasibility.