非法证据排除规则是我国刑事证据规则研究的重要课题。调查表明,非法证据问题在我国刑事诉讼中仍然十分突出。结合司法实践,要构建科学合理的非法言词、实物证据排除规则。非法言词证据的排除范围,以侵犯宪法赋予公民的基本权利的手段收集证据为限;非法实物证据排除应设立轻微损害和利益保障两个例外原则;确立公诉机关对证据合法性的证明责任;非法证据的衍生证据则不予排除。 The rule of exclusion of illegal evidence is an important issue for the study of the rules of criminal evidence in our country. The investigation shows that the issue of illegal evidence is still very prominent in criminal proceedings in our country. Combined with judicial practice, it is necessary to establish a scientific and reasonable illegal words and physical evidence exclusion rules. The exclusionary scope of evidence of illegal words is limited to the collection of evidence in violation of the basic rights conferred by the Constitution on citizens. Two exceptions to the rule of illegally obtained physical evidence should be minor damages and interests protection; the burden of proof on the legitimacy of evidence by public prosecutors should be established; Evidence of evidence is not excluded.