证据规则是确认证据的范围,调整和约束证明行为的法律规范的总称,是收集证据、采用证据、核实证据、运用证据时所必须遵循的准则。在诉讼活动中,证据规则可以规范诉讼各方的取证和举证行为。在根据证据认定事实时,证据规则可以限制对证据的自由取舍。在我国刑事诉讼制度中,证据规则贫乏、内容粗糙,相关证据规范没能形成完整的证据制度体系。虽然,近年来通过司法解释的方式补充规定了一些证据规则,但远不能满足司法实践的需要。因此,我们应该在充分考虑我国国情的基础上,借鉴外国立法经验,建立健全我国的刑事证据的取证、采证、查证、定案规则。 Evidence rules are the general rules of legal scope to confirm the scope of evidence and to adjust and constrain the act of proof. It is the guideline for collecting evidence, adopting evidence, verifying evidence and using evidence. In the litigation activities, the rules of evidence can standardize the evidence collection and evidence-based behavior of all parties involved in litigation. Evidence rules can limit the freedom of choice of evidence when the facts are based on evidence. In China’s criminal procedure system, the rules of evidence are scarce and the content is rough, and the relevant rules of evidence fail to form a complete system of evidence. Although some rules of evidence have been supplemented by judicial interpretation in recent years, they can not meet the needs of judicial practice. Therefore, on the basis of taking full account of China’s national conditions, we should learn from the experience of foreign legislation and establish and improve the evidence collection, evidence collection, verification and finalization of criminal evidence in our country.