证据是诉讼的基石,诉讼是证据的博弈,一切诉讼活动实际上都是围绕证据的收集和运用而展开。然而,在实践中,由于证据的运用不适当,冤假错案频频见诸报端,因此构建中国刑事非法证据排除规则已势在必行。而要构建一套行之有效的证据规则,必须分析本国非法证据排除规则的现状及存在的问题,并借鉴其它国家的立法经验,才有可能制定出既合乎本土特征又与国际社会接轨的排除规则。 Evidence is the cornerstone of litigation, litigation is evidence of the game, all litigation activities are actually around the collection and use of evidence and start. However, in practice, due to the improper use of evidence, unjust misconduct cases often appear in the newspapers, so it is imperative to construct the rule of exclusion of illegal criminal evidence in China. To build a set of effective rules of evidence, we must analyze the current situation and existing problems of the exclusionary rules of illegal evidence in our country, and draw lessons from the legislative experience of other countries to make it possible to formulate rules that are both in line with the local characteristics and with the international community rule.