The role of excluding illegally obtained evidence is derived from the Common Law in the United States in the early 20th century, and gradually extended to other countries. ＂As an important part of the Criminal Evidence Act, ＂the rule of excluding illegally obtained evidence＂ is not to regulate the strength of the evidence, but the capacity issues of the evidence. The rule does not limit the evidence application in a general sense, but primarily with respect to the allowance of the evidence of the indictable party.＂ In other words, if the court believed the evidence submitted by the allegation was collected against the law, and even ＂ illegal＂, then the court will deprive the proven ability of the evidence. This means that the evidence lose the eligibility to prove the case, so that the judge or jury will no longer admits the evidence, and will not use it as the basis of the conviction and sentencing.%非法证据排除规则源自于英美法，于20世纪初产生于美国，逐渐扩展至其他国家。“作为刑事证据法的重要组成部分，‘非法证据排除规则’所要规范的不是证据的证明力问题，而是证据能力问题。该规则也不对一般意义上的证据适用问题加以限制，而主要涉及公诉方证据的法庭准入资格问题。也就是说．如果公诉方所提交的指控证据被法庭认为是违法搜集的，且达到“非法”程度，那么，法庭将剥夺该证据对案件的证明能力。这意味着该证据丧失了证明案件的资格，法官或陪审团将不再对该证据予以采信，并不再用以作为定罪量刑的根据．
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