Study On Denying The Unit Accumulative Offense

China's academic world's studying the unit accumulative offense problem focused on these questions ,such as whether does the "Criminal Law" stipulate the unit accumulative offense and whether does the "Criminal Law" stipulate the unit accumulative offense and so on. The general view is that the "Criminal Law" doesn't stipulate the unit accumulative offense and therefore China's academic world suggests that china should carry on the legislation to the unit accumulative offense to contain the unit accumulative offense. Only a small number of scholars thought that the "Criminal law" doesn't stipulate the unit accumulative offense and also shouldn't set up the unit accumulative offense system.But,the reasons which they explained for the system are more thin. In order to explain the theory on denying the unit accumulative offense more fully, It respectively summs up the views on suring and denying the unit accumulative offense into several areas,and then focuses on studying these views deeply from the perspective of denying the unit accumulative offense and puts forward my own reasons on denying the unit accumulative offense. It begins from the "Criminal Law'"s stipulation on the unit crime and the recidivism and the stipulation draws out the academic world's dispute on the unit accumulative offense. It explains the academic world's universal viewpoints on the unit accumulative offense and proposes in light of this oneself viewpoints on the contrary, and then explains in detail and respectively that the present criminal law doesn't stipulate the unit accumulative offense and also doesn't set up the unit accumulative offense from two aspects such as academic denial and practical denial. the innovational results of the artical is the use of a brand-new and more Careful and in-depth theory to research the theory on denying the unit accumulative offense:On the basis of criticizing the original theory on denying the unit accumulative offense,the paper discusses that the section 356 of the "Criminal Law" does not rule the unit drug accumulative offense from the perspective of not assorting with the spirit of the legislation of the "Criminal Law" and lack of coordination with the criminal law system and so on;In addition,it discusses that the "Criminal Law" shouldn't set up the unit accumulative offense system from the perspective of breaking with the theorial basis on stipulating the accumulative offense system and the absurdness of violating the principle of criminal law and the difficult position of legislative building the unit accumulative offense system and the overseas' legislative situation on the unit accumulative offense.