Research On The Criminal Regulation Of AIDS Spreading Behavior

The act of spreading Acquired Immune Deficiency Syndrome(AIDS)is a kind of common and frequent crime,namely infringing on the life and health of others or endangering social security by infecting others through various methods,committed by AIDS patients.During the social transition period in China,this kind of crime has spread with the economic and social development and has shown an upward trend in recent years.Sexual intercourse,blood as well as blood products serve as the main ways to spread AIDS with different forms of behavior expression.In addition,the imperfect management and control system of AIDS in China,namely the relevant laws and regulations,promotes its breeding in the high-risk areas,such as drugs,prostitution and whoring,which further lead to a serious harm to the economic development,social harmony,domestic peace as well as individual life safety.Due to the realistic dangers of the act of spreading AIDS,it has been involved in the category of criminal regulations in many global countries,mainly two legislative models of “independent crime” and “non-independent crime”,which,moreover,are in a crossing and overlapping application state in the two countries,Britain and America,as well as regions with major law systems.The former one refers to the establishment of an independent crime of AIDS transmission to make special provision for spreading AIDS,and the later one refers to the evaluation of the act of spreading AIDS by the existing crime and decision of punishment according to the specific cases.There are advantages and disadvantages for both models;however,their legislative models and experience of rule by law can definitely be taken for reference by the criminal regulations of AIDS transmission in China.In China,the act of spreading AIDS is mainly convicted and sentenced on the crime of spread of sexually transmitted diseases,the crime of intentional injury,the crime of intentional homicide,and the crime of endangering public security by dangerous means and so on,which,actually,can also become one of the sentencing factors of the crime of rape and indecent act,etc.However,it not only fails to achieve the purpose of punishment,but easily arouses many disputes in practical operation through classifying the act of AIDS spreading to the existing crimes.In addition,AIDS criminal suspects,defendants and criminals are usually regarded as patients with severe diseases in criminal proceedings,and the criminal detention and imprisonment are not applicable.Therefore,it fails to resist their personal dangerousness and achieve the corresponding effect of implementation.Actually,in China,it is suggested to deepen the criminal regulation of the act of spreading AIDS through establishing independent crime of spreading AIDS and special criminal procedure.To ensure and perfect the continuation of ideas,it is suggested to implement and abide by the basic principles of definiteness,prevention,comprehensiveness and procedure,and timely formulate the basic criminal policies of the crime of spreading AIDS.To transform macro policy guidance into the real institutional force,it is essential not only to clearly stipulate in criminal law that the act of spreading AIDS is a crime,and establish the crime of spreading AIDS with corresponding sanctions,but to improve the relevant systems at all stages of criminal proceedings to ensure the realization of the value of two major criminal laws,social protection and human rights protection.