Burden of proof in the procedure of exclusion of the illegally obtained evidence indicate when the defendant claim that the evidences provided by the prosecutor are illegally obtained, which party shall undertake the burden of proof and to what extend the evidences should be proved.

, the evidence should be excluded upon the application of the parties or upon the authorities of the judges;who should assume the burden of providing evidence in terms of their legali- ty;in which stage the court should make the judgment deciding the exclusion of illegal evidences.

British Exclusionary Rule: Derivative History and System Construction;

At the beginning of the 20th century,a violent debate arose over "exclusionary rule" in American legal circles while Evidence scholar John Wigmore and legal reformist Conner Hall stood on the opposite sides of the debate.

It has realistic significance to form the exclusionary rule in china.

All criminal procedural rights do not need constitutionalizing,for it is of legislation rather than constitutionalization in consideration of exclusionary rules.

By investigating the cases concerning using torture to coerce a confession tried by the courts in China s three regions,one can find that the exclusionary rules are in a dilemma in judicial practice,which is due to technical reasons as well as judicial systematic elements and notions of value.

The object of exclusionary rules is to protect human rights, to confine public powe.