German theory of evidenceutility prohibition and American rule of illegal evidence exclusion are two representative theories in criminal evidence exclusion in the major lawgovernment states in the contemporary world. The two theories are of rich connotations and have developed respective exceptions according to different principles in the lawmaking and lawimplementing practice of the states. This “principleplusexception” mode of legal practice is of significance as a “pattern” to other lawgovernment states. The pattern cannot assure a just and effective operation of criminal proceeding institutionally unless respective rules of criminal evidence exclusion are developed in the basic framework of different legal traditions and national conditions.

western legal history; evidenceutility prohibition; illegal evidence exclusion; balancing principle