Illegal statements in the judicial practice of China is large number of the existence,the investigation authorities also rely on customary illegal confession,illegal statement can not be effectively ruled out,the rule of law become a major obstacle.

, 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.