证据领域关于非法证据在刑事诉讼活动中的效力与可采性问题,随着世界人权保障潮流的兴起与现代国家对法治的孜孜追求,也愈来愈成为刑事司法关注的热点和证据制度的重大命题,这在我国也不例外。最早起源于美国的现代意义的非法证据排除规则,如今已成为现代法治国家和现代刑事司法理念中一项十分重要的规则和制度。正致力于建设社会主义现代法治国家的我国,不论是顺应历史潮流,还是出于解决刑事司法实践中较为普遍存在的违法取证现象,考量如何确立非法证据排除规则已成为必须面对的重要课题,而确立非法证据排除规则的首要前提就是要确定我国非法证据排除规则的价值取向及理论基础。面对西方国家相对成熟的价值理论,我国应结合自身的社会与司法实际,通过吸收与借鉴,有创新性的提出我国的非法证据排除规则的价值取向及理论基础。 With regard to the validity and admissibility of illegal evidence in criminal activities in the field of evidence, with the rise of the world trend of human rights protection and diligently pursuing the rule of law in modern countries, it has also become an increasingly important hot spot and evidence system for criminal justice. Proposition, which is no exception in our country. The rule of exclusion of illegal evidence originated in the modern significance of the United States has now become a very important rule and system in the modern state of law and the concept of modern criminal justice. Our country, which is committed to building a modern socialist country ruled by law, no matter adhering to the trend of the past or settling the phenomenon of illegally obtaining evidence that is prevalent in the practice of criminal justice, how to establish an exclusionary rule of illegal evidence has become an important topic that must be faced with. The first prerequisite to establish the rule of exclusion of illegal evidence is to determine the value orientation and theoretical basis of the exclusionary rule of illegal evidence in our country. Faced with the relatively mature western value theory, our country should combine its own social and judicial practice, through the absorption and reference, the innovative value of our illegal evidence to rule out the rules and theoretical basis.