我国刑法的财产刑规定存在着缺陷,导致现实操作中有一些公安机关和司法机关利用这个制度,甚至通过一些知法犯法的手段给本单位谋取不正当的利益。因此要废除罚没收入返还的制度,把权力关进制度的笼子里,唤醒并发挥宪法赋予立法机关的监督作用,实现依法治国。 There are flaws in the provisions of property crimes in criminal law in our country. As a result, some public security organs and judicial organs in the actual operation use this system and even seek some improper benefits for their own units through some means of knowing and committing crimes. Therefore, it is necessary to abolish the system of returning punishments and punishments, turn the power into the cage of the system, awaken and exert the supervisory role given by the Constitution to the legislature, and realize the principle of governing the country according to law.