Abstract: There are some problems for the illegal evidence exclusion rule on running of the program in the judicial practice and in the initiating procedure. Besides, there are many problems in trial procedure’s operation, such as lack of independent prepositive procedure of the illegal evidence exclusion, procuratorate’s proof way needing to be further perfected, illegal evidence proving standards needing to be specific, unclear legal relief way and so on. All these make the rules in the trial procedure too formalized. Therefore, the hindering factors of program initiation should be eliminated. The illegal evidence exclusion in the trial program should be substantialized further in order to implement human rights and justice better.

Key words: illegal evidence, extort confessions by torture, human rights protection