The Criminal Regulation Of Behavior Of HIV Intentional Transmission

AIDS, is that the human body induces immune deficiency after being infected withHuman Immunodeficiency Virus (HIV), if anti-drug treatment treasures are not taken，eventually there will be a variety of syndromes died of infectious diseases. Because of highpopularity, it spreads in many countries and regions worldwide, and endangers the health andsafety of citizens, family harmony, social order and public safety and management, and alsoaffects the economic development of a country, and may even threatens the social stability,which has evolved from a public health problem as a social problem. Therefore，manycountries and regions have imposed its provisions for criminal penalties to curb the AIDSepidemic, such as Russia, Georgia, California, Iowa of the United States,United Kingdom,Taiwan Province of China, Japan, Australia, Switzerland, Austria and so on, which all takethe appropriate countermeasures. While in our country，on the issue that what measuresshould be taken to regulate the behavior of intentional transmission of HIV, the current stateof our criminal law is still in the blank and lacks effective means of social control for thespread of AIDS. It is not only not conducive to the health of our citizens, but also notconducive to building the socialist legal system with Chinese characteristics and the socialistharmonious society. Therefore,in view of the serious social harm that AIDS has, I considerthat the behavior of intentional transmission of HIV should be regarded as an adjustmentobject of criminal law.The structure of this article is divided into five parts：The first part, the outline of AIDS and its current situation. On the one hand，introducesome of the terminology in medicine, such as AIDS, HIV, HIV carriers, AIDS patients briefly,on the other hand，describe the status of the HIV epidemic and its transmission routes in theChinese territory and worldwide. This part is the foundation of the whole thesis.The second part,the analysis of Necessity of deliberately spreading HIV behavior. Thissection describes the social harm of deliberately spreading HIV behavior，which acts as abasis for conviction. The author believes that it meets the concept of a crime,violate the socialrelation which is protected by the criminal law and should be subject to the penalty ofsanctions. What’s more,many examples of foreign legislation and judicial practice about the criminal regulation of intentional HIV transmission behavior provide some reference andexperience for our country.The third part,the qualitative controversy on the behavior of intentional transmission ofHIV.As to the question whether the behavior of intentional transmission of HIV is guilty, thereis a lot of controversy in the scholars, there are three modes basically:non-independent modeinto sin, a separate crime pattern and innocent mode.The author analyzes the basis of theirgeneration, and the rationality of their existence for each mode.The fourth part,the judicial dilemma of regulating the behavior of intentionaltransmission of HIV. This section analyzes the disadvantages of the three modes from theconstituent elements of crime, accomplished or attempted offense, consummated, theappropriateness of sentencing, causation, transmission, the economy and efficiency and otheraspects.This part is also the focus of this article.The fifth part,the research of regulatory approach of the behavior of intentionaltransmission of HIV.This section analyzes the rationality and feasibility of the judicialinterpretation, the final recommendations for different routes of transmission and finallyproposes that for different transmission routes, or they are characterized as a crime fordifferent offenses, punishable by different penalties, or characterized as innocent.And wefinally draft a judicial interpretation-" The Supreme People’s Court Interpretation on SeveralIssues in the Application of the trial of the behavior of deliberately spreading HIV," in orderto regulate the behavior of deliberately spreading HIV.