非法证据排除规则自产生之日起就倍受争议,但由于它具有重要的价值,因而在许多国家和国际条约中得到确认。本文在梳理我国诉讼法学界关于非法证据效力的主要争议的基础上,分析了在我国大面积排除非法证据将面临的困难。进而提出了“在立法上规定,司法人员在紧急情况下可以采取非法取证获得的证据可以作为定案的根据,但是行为人必须要对其取证行为承担相应责任;对于行为人的非法取证行为可以比照相关法律从轻、减轻或免除处罚”这一建议. The exclusionary rule of illegal evidence has been controversial since its inception, but it has been recognized in many national and international treaties because of its importance. On the basis of combing the main controversies on the effectiveness of illegal evidence in China’s litigation jurisprudence field, this article analyzes the difficulties that will be faced in large-scale exclusion of illegal evidence in our country. Furthermore, it puts forward that “the evidence that legally stipulates that judicial personnel can obtain illegal evidence in emergencies can serve as the basis for finalizing the case, but the perpetrator must bear the corresponding responsibility for the act of obtaining evidence; and the illegal act of taking evidence for the perpetrator Lighter than the relevant laws, reduce or exempt from punishment ”recommendation.