Study On The Criminal Law Regulation Of HIV Transmission

In the family of infectious diseases,the harm of AIDS is second to none.AIDS is caused by the infection of HIV,and its great harm lies in the fact that there is no effective drug to cure AIDS in the world.In other words,as long as infected with HIV,the health of infected people will suffer great damage.When the disease develops to AIDS stage,the infected people can hardly escape death.In the world,many countries have carried out criminal regulations for the spread of HIV.Although the regulations of different countries are different,they have played a positive role in inhibiting the spread of HIV.On the other hand,there is no clear stipulation about the behavior of spreading HIV in China’s criminal law.To some extent,it indulges the harm of spreading HIV to the society.In the long run,it will inevitably affect the stability of social order.By 2019,the Central Committee of the Chinese Association for the promotion of Democracy(the Central Committee of the people’s progress)has put forward a proposal to add the crime of intentional transmission of AIDS,which has made a step forward in the process of bringing the transmission of HIV into the criminal law.Current problems.Theoretically,domestic scholars have a lot of disputes on the behavior of HIV transmission,mainly focusing on two aspects: one is the identification of the behavior of HIV transmission;the other is what mode should be adopted by criminal law to regulate the behavior of HIV transmission.In practice,there are different punishments and one-sided directions in the judgments of the courts in different regions.Therefore,the author believes that,first of all,a clear distinction should be made between "spreading AIDS" and "spreading HIV".HIV infection is not equal to suffering from AIDS.According to the existing medical statistics,the probability that HIV infection will eventually develop to AIDS stage is not 100%.So these two situations are fundamentally different.What should be regulated in criminal law is "the act of spreading HIV".Secondly,China should amend and improve the current criminal law,and establish a separate charge for the spread of HIV.The main body of this paper is divided into four parts:The first part is the current situation and harm of HIV transmission.This part mainly analyzes the current situation of AIDS in China and the serious social harm of the spread of HIV.In recent years,the spread of HIV in China has been accelerating and the patients are mostly concentrated in the young and middle-aged groups.In addition,the spread ofHIV is diversified and the transmission behavior is hidden and easy to succeed,which makes the social harm caused by the spread of HIV not only affects the life and health of individuals,but also endangers the stability and harmony of families and the stable development of society.Therefore,the criminal law must be regulated To make and spread HIV.The second part is the criminal law regulation and deficiency of HIV transmission.This part mainly analyzes the different views and deficiencies of the current criminal law theory,and sorts out the judgments made by the regional courts on HIV transmission behavior in judicial application.According to the current criminal law,scholars believe that the crimes of HIV transmission mainly involve the crime of sexually transmitted diseases,the crime of intentional homicide,the crime of intentional injury and the crime of endangering public safety by dangerous means.This paper holds that no matter which of the above-mentioned crimes is applicable,there is no way to make a reasonable judgment on the behavior of HIV transmission.Only by modifying and improving the current crime Only by the way of criminal law can we fundamentally solve the problem of unreasonable judgment.The third part is the criminal law regulation of the spread of HIV abroad and its enlightenment.This part mainly analyzes the relevant provisions of the spread of HIV in foreign laws,which can be roughly divided into two modes: the mode of setting up charges separately and the mode of not setting up charges separately.The most appropriate method in China is the legislative mode of setting up charges separately.The fourth part is the legislative conception of the crime of spreading HIV.This part mainly includes the establishment of the crime,the types of accomplished crime in the direct intentional situation,the constitutive elements of the crime of intentionally spreading HIV and the legal penalty.This paper holds that according to the relevant provisions of the current criminal law,there is no reasonable punishment for the behavior of spreading HIV.Therefore,China’s criminal law should establish a separate "crime of intentionally spreading HIV",and set the type of completed crime as behavior crime.