新《刑事诉讼法》首次将非法口供排除规则从法律制度层面确立下来,对规范司法机关取证行为取得了显著效果,但也存在一些亟待解决的问题。排除规则内容过于笼统抽象,模棱两可,导致司法机关在审查非法口供证据时陷入“不敢排、不能排、不会排”的尴尬境地。因此,有必要从实体规则和程序规则两个方面对非法口供证据的审查和排除进行深入研究,以期完善相关排除细则。 For the first time, the new Code of Criminal Procedure has established the rule of exclusion of illegal confessions from the perspective of legal system, and has made remarkable effects on the standardization of forensic acts of judicial organs. However, there are still some problems to be solved urgently. Exclusion rules are too abstract and ambiguous in content, causing the judiciary to fall into the awkward position of “not daring to row, not to row,” when examining the evidence of illegal confession. Therefore, it is necessary to carry out an in-depth study on the review and exclusion of illegal confession evidence from both substantive and procedural rules in order to improve the relevant exclusion rules.