中國非法證據排除規則已經從法律文本走向司法實踐，並且在保障人權方面發揮了重要作用。在司法實踐中，絕大多數非法證據排除申請都能啟動對證據合法性的審查，其中約有一成左右的申請得到支持，從而將非法證據排除。在非法證據被排除的案件中，有些被告人被宣告無罪，有些案件被發回重審，有的案件檢察院撤回起訴；有些被告人雖被定罪，但其被指控的部分犯罪事實未被認定。有關非法證據排除的司法實踐反映出一些問題，例如毒樹之果原理的缺失導致犯罪嫌疑人、被告人的權利不能得到更好保護，部分案件在證據合法性證明問題上出現轉嫁舉證責任的現象，有些案件法院從內容真實推論程序合法，有些案件因規則模糊導致權利保護不到位。應對的舉措是確立“毒樹之果”規則，杜絕舉證責任倒置，逐步實現從證據分類型規則向權利分類型規則的轉變。

In China, the exclusionary rule of illegally obtained evidence has stepped from legal texts towards judicial practice, and played an important role in guaranteeing human rights. In judicial practice, most applications for the exclusion of illegally obtained evidence can launch the examination of validity of evidence, and one tenths or so has received support and thus excluded illegally obtained evidence. In cases where illegally obtained evidence is excluded, some defendants were acquitted, some cases were remanded for retrial, in some cases, procuratorates withdrew their prosecutions; and in some other cases, part of alleged corpus delicti were not determined although the accused were convicted. The judicial practice of exclusion of illegally obtained evidence has displayed some problems, for example, the rights of suspects and the accused cannot receive better protection because of the absence of the principle of fruit of the poisonous tree, the phenomenon of shifting the burden of proof arose concerning the problem of proof of validity of evidence in some cases, the court deduced the legality of procedures from the truthfulness of content in some cases, and the ambiguity of rules led to insufficient protection of rights in some cases. A remedy is to establish the rule of "fruit of the poisonous tree, " prevent the inversion of the burden of proof, and turn step by step from the rule of evidence classification to the rule of right classification.