非法证据排除规则在世界各国的刑事诉讼领域已经普遍确立,近年来我国许多学者呼吁在民事诉讼中确立非法证据排除规则,部分学者甚至认为我国已经确立了该原则。对此,本文认为我国民事法律显然没有确立非法证据排除规则,该原则在民事诉讼中的理论基础也值得探讨,更主要的是我国民事诉讼根本没有非法证据排规则生存的现实土壤。 In recent years, many scholars in our country have called for establishing the rule of exclusion of illegal evidence in civil lawsuit. Some scholars even think that our country has established this principle. In this regard, this article is that the civil law of our country clearly did not establish the rule of exclusion of illegal evidence, the theoretical basis of the principle in civil litigation is also worth exploring, but more important is the reality of the existence of illegal evidence rule in civil litigation in our country.