Research On The Judicatory Control Present Condition And Counterplan Of AIDS-patient Commits Crime In Hunan Province

With the rapid spread of AIDS in the whole world in recent years,the rate of China's AIDS has been significantly rising year by year. The momentum of its dissemination and spread has not been effectively controlled. AIDS-infected people and patients or the infected with HIV which is going on a flagrantly crime, have been plagued with the substantive new problems in recent years. This paper is intended to study on the criminal procedure control of AIDS patients on the crime through a lot of empirical data analysis, and puts forward to the solving-measures on criminal procedure control for AIDS patients.The article starts from the basic situation on AIDS Crime, expounds targets for Hunan AIDS crime, then generalizes the criminal process control AIDS Crime and the problems of crime against AIDS ineffective threat to the society in the judicial practice .There are five aspects on the AIDS plight of the criminal process control, such as, the difficulty of investigating and handling ,the difficulty in custody, the difficulty in arraignment hearing, the difficulty of sending supervisors and regulatory. Based on the existing problems, the author has conducted in-depth analysis through detailed first-hand information from the above difficulties arising from the subjective and objective reasons, social reasons, mechanisms factors,etc. The paper analyzes that the detention center refused AIDS suspects which is a direct reason of inadequate control, and inadequate protection of the monitoring sites hard and the lag of ineffective control which are objective reasons. Secondly, the paper thinks that the laws and regulations about AIDS criminal suspects in custody and AIDS criminals penalty enforcement ,which are not unified, and the imperfect of the social security system, the difficulty to control of suspected- AIDS crime's patients with AIDS-infected people a relief ,which are the ineffective mechanism and socialreasons.Finally, from the perspective of the judicial practice and legislation ,this paper points out a series of feasible counter-measures and suggestions from the actual measures of the AIDS crime in Hunan supervisory departments.