非法取得的证据是否具有证据效力,能否作为定案的根据。这是刑事诉讼中最易发生价值冲突的问题。近几年,学术界和司法界对非法证据排除规则给予了很大的关注,形成许多不同的观点和有价值的建议。但少有对非法证据排除规则的价值和理论基础进行系统分析的文章,对我国为什么要确立这一规则和确立什么样的规则还缺乏较为有针对性的研究。 Whether the illegally obtained evidence has the effect of evidence can serve as the basis for finalizing the case. This is the most vulnerable issue of value in criminal proceedings. In recent years, academia and the judiciary have given great attention to the rule of exclusion of illegal evidence, forming many different opinions and valuable suggestions. However, there are few articles on the systematic analysis of the value and theoretical basis of the exclusionary rule of illegal evidence. There is still a lack of more targeted research on why China should establish this rule and what kind of rules should be established.