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通过阐述非法证据排除规则在外国和国际社会的完善和发展,充分论证了非法证据排除规则是一项人权保障规则,它的出现顺应了20世纪以来对人权保护的潮流。从非法证据排除规则在我国立法、司法和理论界的状况看,认为:我国刑事诉讼法再修改时确立非法证据排除规则十分必要,它是深化司法改革的需要,体现了权力与权利平衡、维护司法纯洁性和程序公正等理念。
By elaborating the perfection and development of the rule of illegal evidence exclusion in foreign countries and the international community, it is fully demonstrated that the rule of exclusion of illegal evidence is a human rights guarantee rule, and its appearance accords with the tide of human rights protection since the 20th century. Judging from the status of legislation, judicature and theorists in our country, it is considered that the rule of exclusion of illegal evidence is very necessary in revising Criminal Procedure Law of our country. It is the need of deepening judicial reform, reflecting the balance of power and rights, Judicial purity and procedural justice.