Research On The Criminal Regulation Of The Intentional Transmission Of AIDS

AIDS is an infectious disease caused by HIV,which is extremely harmful to humans and has a very high mortality rate.Since the discovery of AIDS in medicine,it has spread rapidly all over the world.And countries around the world,including China,are facing a severe situation of AIDS transmission.However,in the real world,there are people who carry out intentional transmission of AIDS based on various reasons or motivations.Such behavior seriously damages human health.Many countries in the world choose to regulate the behavior of intentional transmission of AIDS with criminal law and impose relatively severe penalties on the perpetrators.In China,relevant laws,regulations and judicial interpretations have made relevant provisions on the regulation of intentional transmission of AIDS.However,the criminal law of our country has defects in regulating the intentional transmission of AIDS,which cannot effectively regulate the intentional transmission of AIDS.This paper takes the criminal law regulation of the intentional spread of AIDS as the research content,aiming at improving the provisions of the criminal law in China,and puts forward some legislative Suggestions.This paper is divided into four chapters.The first chapter gives a brief overview of intentional transmission of AIDS,and then analyzes the concept and characteristics of intentional transmission of AIDS by introducing the concept and transmission ways of AIDS.The second chapter analyzes the four main views on the nature of the intentional spread of AIDS in the field of criminal law in China,and points out the rationality and limitations of these views.The third chapter introduces and analyzes the criminal laws in Russia,Vietnam and the United States to regulate the intentional transmission of AIDS,so as to provide reference for China to regulate the intentional transmission of AIDS.The fourth chapter,the author according to the above analysis,in view of our country "criminal law" the regulation is deliberately spread AIDS behavioral defects,suggest adding "intentional crime of AIDS transmitted diseases",and for this crime form,crime constitution crime,legal punishment is analyzed,the provisions of this crime formulated legislative idea is put forward.