2012年修正后的《刑事诉讼法》正式确立了非法证据排除规则，然则“书本上的法”并不完全等同于“现实中的法”，以中部某地级市辖区两级法院近三年来审判中非法证据排除规则运行实效为实证考察样本检析，不难发现其中运行实效普遍不足，突显为界定难、操作难、认定难、排除难。究其成因不仅有内在的如体制机制的掣肘，还有外在的如配套制度的缺乏等多方面因素。立足于我国目前非法证据排除规则的运行现状，综合成因剖析，积极探索构建其优化进程意义重大。诉讼体制的科学构造、思维观念的训练更新、司法能力的建设提升、庭审功效的完善强化、配套制度的同步跟进乃是重点考量的努力方向。%In 2012 “Code of Criminal Procedure” was revised in China, which formally established the exclusionary rule, What then “law on the books”is not exactly the same as “the reality of the law”,Two courts in the jurisdiction in a city for nearly three years, the trial operation of the exclusionary rule to the effectiveness as sample analysis of the empirical study, it is not difficult to find inade-quate effectiveness, highlighting the vague definition, difficult to operate, difficult to identify, difficult to eliminate. Its causes are not only the inherent constraints such as institutional mechanisms, but also a lack of supporting comprehensive system and external factors. As for the operation status of the exclusionary rule in our country, it is of great significance to comprehensively analyze the causes, and actively explore how to construct its optimization process. Some steps should be taken; Training scientific structure and updating con-cepts of litigation system, enhancing judicial capacity-building , improving the effectiveness of the trial, and synchronously following up the supporting systems.
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