新《刑事诉讼法》以价值权衡原则为指导,突破了“重实体、轻程序”的传统观念。本文结合法经济学理论,推衍出程序正义机会成本的概念,并分析论证在非法证据排除制度设计中,其作为立法衡平性指导思想的体现。 The new “Code of Criminal Procedure” guided by the principle of value trade-off broke through the traditional concept of “re-entity, light procedure”. Based on the theory of law and economics, this dissertation derives the concept of opportunity cost of procedural justice, and analyzes and proves it as an embodiment of the guiding principle of legislative equity in the design of the system of excluding illegal evidence.