非法证据排除原则由于尚未在我国《刑事诉讼法》中明确规定 ,导致司法实践对非法证据的处置各地做法不一 ,已经在一定程度上影响了宪法和法律关于人权保障功能的实现。作者认为 :应在立法上弥补这一缺陷 ,当务之急则应正视《刑事诉讼法》修改程序条件尚不允许的现实 ,摈弃“价值权衡”理论 ,在“惩罚”与“保障”相互冲突的价值选择上不偏不倚 ,建立完善的非法证据排除制度 ,以弥补法律条文之空缺。 The principle of exclusion of illegal evidence has not been clearly stipulated in the Code of Criminal Procedure of our country, which leads to the different practices of judicial practice in handling the illegal evidence. It has already affected the realization of the human rights protection function in the Constitution and the law to a certain extent. The author thinks that this defect should be remedied in the legislation. The immediate priority should be to deal with the fact that the procedural conditions for amendment of the Criminal Procedure Law are not allowed yet. The theory of value trade-off should be abandoned and the conflicting value choice between punishment and guarantee On the impartiality, the establishment of a perfect system of exclusionary evidence to make up for the vacancy of the legal provisions.