我国刑法第64条规定供犯罪所用的财物应当予以没收。其性质为何,属于刑罚还是保安处分,争议较大。在司法实践中,只要属于供犯罪所用的财物就一律没收还是实行限制没收,各地法院做法不一。本文通过理论梳理结合司法实践,提出该类没收应受专门性原则及比例原则的限制,以实现司法个案的公平正义。 Article 64 of the Criminal Law of China stipulates that the property used for the crime should be confiscated. Its nature is that it is a penalty or a security measure that is disputed. In judicial practice, as long as belonging to the property used for the crime will be confiscated or impose restrictions on confiscation, the courts around the different practices. This article, combing with the judicial practice through theoretical combing, puts forward that such confiscation should be limited by the principle of proportionality and the principle of proportionality so as to realize the fairness and justice of judicial cases.