我国立法历来严禁非法收集证据,“两院三部”联合发布《非法证据排除规定》,意在彻底根除实践中存在的非法取证现象。但该《规定》的实施,还存在排除难度较大、非法取证证明及制约困难等难题。因此,需以《规定》为基础,针对实践问题,进一步完善立法。 Our country’s legislation has always strictly forbidden to collect evidence illegally. The “Three Hospitals” jointly issued the “Provisions on Excluding Illegal Evidence”, aiming to completely eradicate the phenomenon of illegal evidence that exists in practice. However, the “regulation” of the implementation, there are still difficult to exclude, the evidence of illegal evidence and constraints difficult problems. Therefore, it is necessary to further improve the legislation on the basis of “rules” and practical problems.