Criminal Law Qualitative Of Spreading HIV Behavior Intentionally

The intentional act of Spreading HIV has great social harmfulness. However, wehave no law saying this kind of behavior violate the law, and the theorists also cannotcome to a conclusion on definition of this intentional act that cause to a confusedsituation in judicatory practice. The study of the intentional act of transmitting HIV incriminal law does have significant meaning at this point. This paper is divided intothree parts:The first part is the overview, containing four sections. The first section introducethe characters of AIDS and its’ route of transmission; The second section states thenecessity and meaning of the study of intentional act of transmitting HIV; The thirdpart briefly introduce foreign legislation about definition of the intentional act oftransmitting HIV; The last section brought us our country’s relevant laws andregulations.The second part is the main part of this article. This part contains five sectionsbased on different ways of transmitting which can be qualified separately. The firstsection determines the nature of the behavior of transmitting HIV through prostitutionin criminal law. Firstly four academic views are introduced including the theory ofspreading venereal diseases, the theory of the crime of against public security bydangerous means, the theory of the crime of intentional injury, the theory of murder.Secondly, the following states the behavior above should not affirmed to be the crimeof spreading venereal diseases and mayhem. The writer comes up with her own viewsin the end that the intentional act of transmitting HIV through prostitution andwhoring may violate the crime of against public security by dangerous means or crimeof murder which depends on if their behavior aim at somebody. In the second section,the writer states that the intentional act of transmitting HIV through syringe needlepricking others also may violate crime of murder or crime of against public securityby dangerous means depending on whether the target is determined. The third sectionmainly talks about how to determine the other sexual behavior to spread HIV. Thefourth section talks about the behavior to share syringes which make others getinfection. The last section mainly analysis the behavior to spread HIV through sellingblood and the writer think it should be qualified tube the crime of against publicsecurity by dangerous means. The third part suggests that the law should be changed to adapt to the need of thesociety, and the writer think it is better to establish a new crime to solve theintentional act of transmitting HIV.