2012年《刑事诉讼法》正式在国家立法层面上确立了非法证据排除规则,实施至今已有将近4年。然而,非法证据排除规则在实践适用中存在诸多问题,并没有取得预想的效果。为全面了解新刑事诉讼法实施以来非法证据排除规则在司法实务中的适用情况,本文通过对浙江省内的部分法院和检察院进行实证调研,探求其适用障碍和困境,对之进行总结分析,探寻改进路径。 The 2012 Code of Criminal Procedure formally established an exclusionary rule of illegal evidence at the national legislation level, which has been implemented for nearly four years now. However, the rule of exclusion of illegal evidence has many problems in practice and has not achieved the expected results. In order to fully understand the application of the exclusionary rule of illegal evidence in judicial practice since the implementation of the new Code of Criminal Procedure, this paper conducts empirical research on some courts and procuratorates in Zhejiang Province to find out the obstacles and dilemmas applicable to them. Improve the path.