The Criminal Regulation Of The Behavior Of HIV Transmission

AIDS is a highly lethal rate of disease which is still without effective treatment drugs andtechnologies to cure, it has a long incubation period and spread rapidly around the word.AIDS has become a serious public health and social problem, and it also becomes anotherdifficult suject that the whlod world must to be faced. It not only becomes a great concern inthe medical field, but also sparks controversy in the legal field, the reason is that somecriminals use the physical nature of the AIDS virus to carry out crimes, specifically somecriminals use the spread of HIV to reach the illegal purpose of crime. So, to control the spreadof HIV that needs medical and health advances in technology, the implementation of theAIDS Prevention and Control Act and other relevant laws and regulations of infectiousdiseases, it also needs to improve the moral level of people. When necessary, it also needs tobe backed by the Criminal Law, because the illegal spread of HIV has damage the socialrelationships which the Criminal Law protect, so it promes that this act has a serious harm tosociety, so taking it into the field of the Criminal Law regulatory systerm is no doubt.This article is divided into three parts:The first part, an overview of the spread of HIV. This section describes the characteristicsand the transmission routes of the behavior of HIV transmission. Using the spread of HIV tocarry out criminals is easily operable and highly dangerous, and the criminals can takevarieous behaviors to reach the illegal purpose. It is a little hart for the Criminal Law to dealwith this new criminal, and the role of the Criminal Law will be crucial.The second part, the characterization of the behavior of spread HIV of the current theories.This section is based on the division of the routes of HIV transmission, each pathway containsa variety of different behaviors. Convictions cases of HIV transmission in our practice is verysmall, though the Criminal Law can convict and sentence this behavior, the defects anddeficiencies are obvious. The Criminal Law is also advancing with the times, it should pursuitthe perfection, so we should confront the defects and deficiencies of Criminal Law, solegislative ideas are necessary for the behaviors of HIV transmission.The third part, the legislative conception of the criminals of HIV transmission. Byanalyzing the necessity and reality of the estalishment of crime of HIV transmission, as wellas the foreign status of legislation, it demonstrates that the Criminal Law ignore the clearprovision of this crime. The question of how to choose the legislative model, the current theoretical circle of Criminal Law has three perspectives, the mainstream view is to set crimeof HIV transmission, then the artical puts forward to set the deliberate crime of HIVtrabsmission and negligent crime of HIV trabsmission, and also make a legislative conceptionof Criminal Law. It also distinguishs guilty or not guilty, and the boundaries of crime, purposeis to solve the omissions and problems in the Criminal Law.