Discussion On Abolishing The Crime Of Spreading Sexually Transmitted Diseases

Although the crime of spreading sexually transmitted diseases is an unpopular crime in judicial application,there is a heated discussion in the academic circle,a critical attitude towards the crime is often held in these discussions.However,it is worth noting that many scholars seem to criticize the crime of sexually transmitted diseases for the sake of criticism,without discussing the necessity and rationality of the crime from the perspective of its legislative background,legislative purpose and legal interests.They criticize the crime of spreading sexually transmitted diseases from the perspective of the provisions of the law itself,which exists a basic logical error,that is,the main line of legislation followed by legislators is: by combating prostitution ——to reduce the spread of sexually transmitted diseases ——ultimately Pursuing the purpose of purifying the social atmosphere and maintaining social management order.But in fact,the main legislative line that legislators should really follow is: combating the spread of sexually transmitted diseases ——to reduce the spread of sexually transmitted diseases ——ultimately achieve the purpose of protecting citizens’ right to personal health.Adhering to the second line means that the transmission of sexually transmitted diseases is a crime that has caused great harm to citizens’ right to personal health protected by criminal law,we cannot ignore that the behavior of sexually transmitted diseases are essentially acts of harming the physical health of others which has common characteristics with common injuries.The behavior of sexually transmitted diseases should be included in the chapter of violating the personal rights of citizens.Through systematic explanation of criminal law,it is found that under the existing injury crime system,the predicament of spreading sexually transmitted diseases can be well solved.the crime of spreading sexually transmitted diseases should be directly abolished.The full text is divided into five parts in addition to the introduction and conclusion.The full text totals more than 36 thousand words:The first part is an overview of the crime of spreading sexually transmitted diseases.It mainly interprets the concept,general constitutive elements and normative elements of the crime of transmitting sexually transmitted diseases.This part lays a foundation for the following discussion.The second part is to examine the academic criticism on the crime of sexually transmitted diseases at the level of norms and judicial application.It mainly discusses the problems existing in the legal provisions of this crime and the difficulties in judicial application caused by these problems.The third part is to consider the necessity of abolishing the crime of sexually transmitted diseases.This part discusses the effectiveness of the defects and shortcomings of the legislation itself from the perspectives of legislative background,legislative purpose and legal interest of the crime of transmitting sexually transmitted diseases.This part mainly points out the basic value orientation for the rationality of the abolishment of the crime of sexually transmitted diseases.The fourth part is to consider the rationality of the abolition he crime of sexually transmitted diseases.This part mainly discusses the rationality of abolishing the crime of sexually transmitted diseases from four perspectives: conviction and sentencing,stability of criminal law,modesty and restraint of criminal law,and rights and interests of victims.The ultimate goal is to explain that the abolishment of the crime will not lead to the dilemma of conviction and sentencing,but will determining theoretical disputs and bring a series of benefits to judicial practice.The fifth part discusses the judicial response after the abolition of the crime of sexually transmitted diseases.It mainly discusses how to convict and punish the behavior of spreading sexually diseases in different forms under the current legal framework.This article proposes that the crime of sexually transmitted diseases is established in the context of the country’s policy of prostitution and sternness,because of the misunderstanding of the legislative purpose and the deviation of the legal interests.Therefore,t he crime of sexually transmitted diseases has no necessity and rationality from the beginning to the end.Based on this,a better solution is to completely replace the crime of sexually transmitted diseases with the crime of injury,and to convict and transmit the sexually transmitted diseases,and to stipulate the difference between the transmission of sexually transmitted diseases and whether the target of the transmission is specific.In addition,it focuses on the unfinished form of sexually transmitted diseases,the criminal nature of mother-to-child vertical transmission diseases,and the nature of sexually transmitted diseases that are agreed by victims.