建立非法证据排除规则不仅是保障人权、维护法制尊严的需要,而且还可以促进案件实体真实的发现。我国相关立法和司法解释虽然对非法证据的排除作了一些规定,但其存在的缺陷是明显的。笔者通过对两大法系非法证据排除规则历史发展的考察,提出了设立适宜我国国情的、平衡保障人权和惩罚犯罪双重需要的非法证据排除规则。 Establishing rules for the exclusion of illegal evidence not only guarantees the protection of human rights and the dignity of the legal system, but also promotes the real discovery of the case entity. Although the relevant legislation and judicial interpretation of our country made some provisions on the exclusion of illegal evidence, its defects are obvious. Through the investigation of the historical development of the exclusionary rules of illegal evidence in the two legal systems, the author puts forward the rule of excluding illegal evidences that is suitable for the national conditions of our country and balances the protection of human rights and the punishment of crime.