非法证据是通过非法方法获得的证据,因此对非法证据的认定取决于对非法方法的理解。非法方法是指取证方法实质违法,而不是指仅具有形式违法性的方法。非法证据的认定受具体国情的影响,我国现阶段不能把所有具有权利侵犯性的证据都认定为非法证据,只能排除具有严重侵权性的证据。 Illegal evidence is evidence obtained through unlawful methods, so the identification of illegitimate evidence depends on the understanding of illegitimate methods. Illegal means that the method of obtaining evidence is not the law, not the method of having only the form of illegality. The identification of illegal evidence is influenced by the specific national conditions. At the present stage, all the evidences that have the rights infringement can not be regarded as illegitimate evidence, and only the evidence with serious infringement can be excluded.