A Study Of Hiv Infectiors/Aids Patient Rights Protection And Violations Of The Law Adjustment

Background:AIDS virus spread rapidly, and the resulting infringement of human life and health benefits as well as the destruction of the social order, becoming generally faced with the reality of contemporary country. Since19.81the AIDS virus was first discovered in the United States, in view of the dangers of HIV, both clinical medicine in the United States or the field of public safety and so attaches great importance to the research for HIV and AIDS patients and AIDS patients social behavior norms adjustment, especially involving Ai who by law their own legitimate rights and interests as well as the corresponding violations regulate adjustment, theoretical research and legal practice fully developed, which led to the inevitable result of the spread of HIV’s been curbed, to achieve a more reliable and reasonable basis and guarantee public safety and social interests, involving Ai themselves the legitimate rights and interests are fully taken into account. However, in our country, for various historical reasons, makes our community AIDS since the mid-1980s after it was found, did not exist a comprehensive understanding of AIDS itself, which leads to the corresponding legal practice there is considerable problem. In this context, in the inside of the subsequent decades, the spread of AIDS has not been effectively controlled, Today, AIDS is a growing problem in life practice. At the core of the problem:discrimination against HIV-infected people and AIDS patients in the practice of social life which have been repeatedly, they deserve as human rights are not respected, AIDS discrimination in serious; associated with HIV infection criminal behavior of people and AIDS patients, but also because of the special nature of AIDS itself, it is difficult to adjust according to the norms established by the existing legal system and get the right treatment. Both together caused the problem, the transmission and spread of the AIDS virus is a serious threat to human life and health interests and social order of society.Objective:To analyze the main problems of legal practice in which the relevant laws of adjustment involving Ai who, for the protection of legitimate rights and interests of those involved in Ai and they are engaged in criminal behavior specification adjustment, provide practical analysis andSolutions.Methods:In this paper, the historical analysis, empirical analysis and comparison analysis of the AIDS Legal practice exists, on the adjustment of the legal norms of HIV-infected people and AIDS patients, and there put forward the correspondingsolutions.Research:In this paper involves two aspects, one is the protection of the legitimate interests of the involved Ai, one is the maintenance of the social and public interests, mainly involving the adjustment and regulation involving Ai criminal behavior. In this regard, the article main body section is divided into three chapters:Chapter1:main characteristics about the spread of AIDS in China-proliferation, and the corresponding legal norms adjusted at different times from the point of view of historical and empirical analysis. In this regard, the article based on the characteristics of the corresponding legal norms in the different periods of adjustment after AIDS was discovered and the appropriate legal adjustments District is divided into three phases, the main AIDS legislative practice that is outside defense, internal control based legal practice and equal protection involving Ai legislative practice. Legislation on AIDS in China from the beginning that is not properly recognized that AIDS spread features lead the corresponding legal practice outset into errors, not legal default prevention purposes. To this end, the paper analyzes the main problems in this period AIDS legislation as well as the main causes of this problem.Chapter2:the protection of the legitimate interests of the HIV-infected people and AIDS patients as a starting point, the article mainly from the boundaries of privacy protection and discrimination prohibited the establishment of the principle of two angles to analyze. Which adequate protection of privacy involving Ai, is a prerequisite for them to engage in normal social life, is the other main discrimination necessary condition; discrimination prohibition principle involving Ai prevalence privacy of others knowing others not to be invoked their corresponding legal discrimination. The article that particular case, the subject bears specific as obligations because of discrimination refuse to specific acts, constitutes a breach of its obligations, should bear the corresponding legal responsibility. In addition, the article here also involved the recognition and protection of the right to marriage concluded Ai by example, instructions involving Ai legitimate rights and interests of the protection and the right to exercise due care obligations.Chapter3:the maintenance of the social and public interests as a starting point, infected with HIV and suffering from AIDS acts are criminal acts, the article mainly from the particularity of the AIDS itself intentionally spread HIV in the criminal lawhow it should be the standard treatment, to be able to satisfy the principle of culpability equal, and this effectively deter crime; analysis of the characteristics involved Ai’s detention and put in prison, etc., shall give full consideration to the infectious characteristics of AIDS can not be cured and deadlythe corresponding behavior of people held incommunicado, thereby guaranteeing the perpetrator bear the responsibility on the basis of other people’s interests and social order are maintained.Conclusion:Overall, for the prevention and treatment of AIDS, the protection of the legitimate rights and interests involved Ai and criminal behavior strictly regulate two aspects complementary to each other, and not the other, or focus only on one party to the neglect of the other party. Among them, the for maintenance involving Ai legitimate interests, so that they can participate in normal social relations, not only to achieve human dignity must, can effectively reduce the hatred and reduce its Dangerousness and social harm involving Ai society, in order to achieve the maintenance of others’ interests and social interests of the community; involving Ai who the criminal act was the appropriate norms and sanctions by involving Ai delinquency deterrence to reduce as much as possible, so that society involving Ai who prejudice, discrimination and the resulting reduced accordingly, and thus contribute to equality and the realization of the legitimate interests of involving Ai who, which ultimately contribute to the realization of human life and health interests and social order.