一、引言非法证据排除制度被引进我国的刑事诉讼规则已有一年多的时间,且正在逐渐地在实践中得到完善。但随着司法实践地不断深入,制度供给不足的情况越发明显——尤其是对于定案意义重大的被告人口供,在非法证据排除实践操作中遇到了许多问题。本文旨在通过回溯非法证据排除规则背后的法律精神并结合实践中遇到的具体问题,力 I. INTRODUCTION The system of excluding illegal evidence has been introduced into China’s criminal procedure rules for more than a year and is gradually being perfected in practice. However, with the continuous deepening of judicial practice, it is more and more obvious that the system is in short supply. In particular, there are many problems encountered in the practice of illegal evidence evasion. The purpose of this paper is to trace the legal spirit behind the rules by backtracking illegal evidence and combine with the specific problems encountered in practice