为规范司法行为,促进司法公正,我国制定了《非法证据排除规定》。在内容上,其对如何认定和排除非法证据,尤其是采用刑讯逼供取得的非法言词证据,作了较为详尽的规定,对我国证据法和刑事诉讼法的发展具有重要作用。但是,学者对各地法院处理刑讯逼供辩护案件的调研结果表明,其在实践中仍难以摆脱被搁置和规避的命运。因此,对于非法证据的排除不能仅仅停留在法律规定的应然层面,还应在司法实践中给予其相关配套制度,并努力在更广范围内实行司法改革。 In order to standardize judicial acts and promote judicial fairness, China has formulated the “Provisions for the Exclusion of Illegal Evidence.” In terms of content, it makes more detailed provisions on how to identify and eliminate illegal evidences, especially the illegal rhetorical evidence obtained by torture, which plays an important role in the development of evidence law and criminal procedure law in our country. However, scholars’ findings on the handling of cases of torture by torture courts in various places show that it is still hard to get rid of the fate of being shelved and circumvented in practice. Therefore, the exclusion of illegally obtained evidence can not only stay at the level that should be stipulated by law, but also provide its relevant supporting system in judicial practice and strive to implement judicial reform in a wider scope.