瑕疵证据有无法律效力，不仅关系到对瑕疵证据的排除与采信，而且关系到对不同诉讼价值观念的选择和对不同诉讼主体权益的保护。为丰富、完善我国的刑事证据法学理论和指导司法实践，本文对瑕疵证据的概念与特征、瑕疵证据的法律效力以及如何完善我国瑕疵证据法律效力的立法等问题进行了有益的探讨 Whether the evidence of defects has legal effect is not only related to the removal and acceptance of evidence of defects, but also to the selection of different litigation values ​​and the protection of the rights and interests of different litigants. In order to enrich and improve the legal theory of criminal evidence in our country and to guide the judicial practice, this paper makes a useful discussion on the concepts and features of the evidence of defectiveness, the legal validity of the evidence of the flaw, and the legislation on how to improve the legal validity of the evidence of flaw in our country.