A Study On The Criminal Legislation Of The Intentional Spread Of AIDS Behavior

Intentional spread of AIDS not only results in transmission of this disease, but alsoendangers people’s lives, which causes serious damage to the society and worth being judgedby the criminal law. However, there is still no consensus on the nature of the behavior ofintentionally spreading AIDS in the theoretical circle of the criminal law, Moreover, the objectinfringed by the behavior of intentional spread of AIDS has a relatively particularity and themanifestations of this behavior are various that if this behavior is determined by the existingcharges in the criminal law, it will meet a lot of insurmountable difficulties. In this paper, theauthor points out that the most effective way of tackling the problem is modifying the currentlegislation, that is, extracting “the behavior of intentional spread of AIDS” as a separatecharge. In the connection, it is worthy of study on the act of intentionally spreading AIDS in acriminal law sense.In addition to the introduction,this paper is divided into4parts and there are about30,000words.Part I: An outline of the behavior of intentional spread of AIDS. This part tells the AIDSand the behavior of intentional spread of AIDS in a brief case, exposes the behavioralcharacteristics and harmful characteristics of the act of intentional spread of AIDS, and pointsout the particularity of the act.Part II: The difficulty of the application of the charges in the current criminal law to thebehavior of intentional spread of AIDS. In this part, the author will firstly discuss four chargesof the current criminal code: the crime of intentional spread of STDS, the crime of killingpeople intentionally, the crime of intentional hurt and the crime of endangering public safetywith dangerous methods so as to analyze the nature of different types of this behavior and thedifficulty in finding its nature.Part III: An overview of the criminal legislation of the intentional spread of AIDS offoreign countries and experience references. In this part, the author introduces the legislativesituation of the crime overseas, summarizes several legislative models adopted by them.Part IV: Legislative conception of the behavior of the intentional spread of AIDS. In thispart, the author mainly explains the advantages of amending the current criminal law to solvethe problem mentioned above, lists several legislative models suitable for China, and ultimately comes to a conclusion that the best legislative model is to add a new charge ofintentional spread of AIDS. On the basis of the elaboration above, the author will lay downthe articles for the charge and analyze its constitution, state of completion and treatmentswhen it competes with other offenses.