非法证据排除原则产生于美国,它对保障人权起到了重要的作用,然而保障人权和控制犯罪总是矛盾的,这就要求我们在二者之间找个一个平衡点。本文分析非法证据排除原则的实践发展,并对美国和我国在适用该原则的司法实践进行比较,在此基础上构建我国的非法证据排除原则体系。 The principle of excluding illegal evidence originated in the United States. It plays an important role in safeguarding human rights. However, safeguarding human rights and controlling crime are always contradictory. This requires that we find a balance between the two. This article analyzes the practical development of the principle of exclusion of illegal evidence, and compares the judicial practice of the United States and China in applying the principle. Based on this, we construct the system of principle of exclusion of illegal evidence in our country.