本文指出,非法证据排除是现代法治的基本原则,近几年在我国司法界,要求完善及严格适用非法证据排除规则的呼声越来越高,但由于我国的国情及复杂的司法环境等原因,非法证据排除规则在我国司法界的完善并不能一蹴而就,因此不论从我国及域外的司法现状来看,非法证据排除规则在我国的适用应当是一个循序渐进的过程。 This article points out that the exclusion of illegal evidence is the basic principle of modern rule of law. In recent years, there is a growing demand for the improvement and strict application of the rule of excluding illegal evidence in our judiciary. However, due to China’s national conditions and complicated judicial environment, The rule of exclusion of illegal evidence can not be done in one step in the judicial circle in our country. Therefore, the application of rule of exclusion of illegal evidence in our country should be a step by step process regardless of the status quo in our country and outside the country.