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.

On the exclusive rule of illegal evidence in civil litigation;

The exclusionary rule of illegally obtained evidence has been used in crimainal suits in many countries of the world.

As an important safeguard mechanism of the human rights, Exclusionary rule of illegally obtained evidence was disputed and applied at large .

These two main features reveal,in construction of exclusionary rule of illegally obtained evidence in China,we should adopt the mode of judicial discretion to exclusion instead of automatic ex-clusion,and our judges should obey the principle of proportionality when considering whether the illegally obtained evi-dences should be excluded or not.