根据我国刑事诉讼法的有关规定,证据必须合法取得,但对于不符合法律规定的证据是否予以排除以及如何排除,则没有明确规定,导致理论界和实践中对此认识不一。非法取得证据究竟能否被采信并作为定案的根据,这一问题长期以来在刑事诉讼领域存在较大争议。归根结底,是因为这一问题涉及到国家刑事政策的价值取 According to the relevant provisions of the Criminal Procedure Law of our country, evidence must be obtained legally, but there is no definite regulation on whether or not evidence that does not conform to the law be ruled out, which leads to different understandings in both theoretical circles and in practice. Whether the illegally obtained evidence can be adopted as the basis of the verdict and whether the evidence has been convicted for a long time has been the subject of much controversy in the field of criminal procedure. In the final analysis, it is because the issue involves the value of the national criminal policy