Illegal Exclusionary Rule

The conflict between acceptance and refusal of illegal evidence is always the focus in the procedural law circle. Whether the illegal evidence has the evidence capacity and Exclusionary Rule Of Illegally Obtained Evidence should be set up or not, which mainly reflect clash and coordination of the value goals between punishing criminal and defending human rights. Writer discuss the foreign rules and analyze the reasons of these rules, then point out that the tradition of legal culture, the condition of politics and the value of criminal proceedings will affect the exclusive rules about illegal evidence. Through analyzing the viewpoints of some domestic scholar and our country's situation of the illegal certificate exclusionary rules, Writer brings out one theory, that is, according to weighing rules, human rights protection, procedural justice, control of criminal and the value of substantial justice, using flexible and gradual ways, to construct it. Writer approves the viewpoint of "exclusion plus exception", and tries to setup the particular rules.