《关于办理刑事案件排除非法证据若干问题的规定》中对于检察机关非法证据排除权限的规定是适当的。我国审判阶段的非法证据排除程序应当被设定为一个相对独立的程序。被告人及其辩护人对非法证据承担一定举证责任,以避免被告人任意提起非法证据排除程序。被告人及其辩护人只承担提供证据责任,提供的证据使法官对证据的合法性产生合理怀疑即可。而控诉方应当对证据的合法性承担说服责任,证明标准要达到排除合理怀疑的程度。当控诉方未能证明其证据为合法所得或证明未达到证明标准时,法官应当推定该证据系非法手段所得,并依据非法证据排除规则将该证据予以排除。从我国刑事诉讼的发展趋势来看,应当赋予被告方就非法证据排除问题独立地向上一级法院提起上诉的权利。非法证据排除规则的全面有效实施,还需要相关制度予以配合。 The Provisions on Some Issues Concerning the Handling of Illegal Evidence in Criminal Cases to Examine the Provisions on the Exclusion of Illegal Evidence from Procuratorial Organizations is Proper. The procedure of excluding illegal evidence in the trial phase of our country should be set as a relatively independent procedure. The defendant and his defender bear some burden of proof on the illegal evidence so as to prevent the defendant from arbitrarily filing the procedure of excluding illegal evidence. The defendants and their defenders bear only the burden of proof provided by the judge with reasonable doubt about the legality of the evidence. The prosecutor should be on the legitimacy of the evidence to convince the burden of proof to the standard to exclude the reasonable degree of doubt. When the complaining party fails to prove that the evidence is legally obtainable or the proof has not been met, the judge should presume that the evidence is obtained from illegal means and exclude the evidence on the basis of the rule of exclusion of illegal evidence. Judging from the development trend of criminal proceedings in our country, the defendant should be given the right to file an appeal to the higher level court independently on the issue of excluding illegal evidence. The full and effective implementation of the rules for the exclusion of illegal evidence also requires the cooperation of relevant systems.