An Empirical Study On The Conviction And Sentencing Of The Intentional Transmission Of HIV

At present,the situation of AIDS crime is becoming more and more intense in China,and the number of AIDS crimes is increasing year by year.With the outbreak of AIDS "needle puncture" incident,AIDS crime has aroused great concern of the public and scholars.However,due to the lack of special criminal law provisions,coupled with the theory of AIDS crime is also controversial,there have been many problems in the judicial practice of conviction and sentencing for the deliberate spread of HIV.The purpose of this paper is to analyze 96 cases of intentional transmission of HIV,to find out the shortcomings of qualitative and sentencing in judicature according to statistical data,and put forward suggestions to solve the problem combined with the current criminal law.The paper is divided into five parts.The first part,introduction.Firstly,it discusses the research background;secondly,it introduces the significance of the research,research methods,and the basic situation of the samples;finally,it draws the research objectives of the paper.The second part,deliberately disseminating the mode of transmission and conviction investigation of AIDS.This part mainly analyzes two aspects: one is the mode of transmission of crime in the judiciary,including prostitution,prostitution,sexual relations with others,rape,compulsory indecent,needling;the second part is the judicial charges applicable to the act,including the crime of spreading sexually transmitted diseases,endangering public security by dangerous means,rape,rape,rape Making indecent assault and intentional homicide.The third part,deliberately spread the investigation of the sentencing of HIV.This part mainly examines the situation of deliberate dissemination of HIV sentencing in judicial practice.The first is to investigate the sentencing situation of the crime of sexually transmitted diseases,including the investigation of the application of the main penalty,the additional penalty,and the sentencing circumstances.The second is to examine the sentencing situation of the crime of harming public safety by dangerous methods.The third is the sentencing of the crime of intentional homicide.The fourth investigation is to investigate the sentencing situation of the crime of rape and forced defamation.The fourth part is the check of deliberate dissemination of HIV / AIDS judicial application.The conviction and sentencing of intentional transmission of HIV have been investigated in detail above.The author finds that there are imprecise conviction and improper sentencing in the judicial practice?The fifth part is to regulate the reasonable path of intentional transmission of HIV.In this part,the author mainly finds a reasonable path to regulate the intentional transmission of HIV for the problems found in the previous section.The author mainly discusses the rational path to regulate this behavior from two aspects of conviction and sentencing.The author believes that the regulation of the intentional transmission of HIV under the current criminal law should be based on the crime of intentional assault and the danger of harming public safety by dangerous methods.