Research On Knotty Problems Ofthe Crime Of Spreading Sexually Transmitted Diseases

The first time I knew STDs,even went back more than 10 years ago,Shanghai telegraph poles were full of treating STDs advertisements.Social practice activities of that time was picking up rubbish,cleaning small advertisements,sometimes cleaning those ads get on my nerves;From the high school biology class,I realized the harmful of AIDS.AIDS virus break down the body’s immune system,is worse than cancer;In the undergraduate class of criminal law,I saw the crime of spreading sexually transmitted diseases.But in this era of people turning pale at the mention of talking about STDs,this crime is not worth much.At that time I didn’t find any valuable questions existed;Last year,my tutor’s criminal law class gave me some inspirations,he mentioned this crime was a rather strange crime,and finally it was tested in the final exam.After the review of Chinese academic journal,I found that with this crime as the theme of the journal was only about 50 papers,including 4 master degree theses,related research is few.AIDS and other STDs prevention and control in our country in serious situation of the social environment,this phenomenon was somewhat surprised.The innovation points of the thesis lie in the explanation of the word knowing,serious STDs,prostitution,whoring and comparing the difference between the crime and other crimes with spreading.The new judicial interpretation which was issued in Jul/2017,also involved with the provisions of this crime,added new materials for the study of this crime.Therefore,I selected the topic as graduation thesis.The article starts from the harm of STDs and the development history of prostitution in China.STDs epidemic in old China was a big threat to the society,prostitution industry was a major cause.After the founding of new China,thegovernment took action to ban prostitution industry and eradicate STDs.After the reform and opening up,STDs crisis outbreaking.The crime of spreading STDs came into being,and the regulatory scope is limited to prostitution and whoring,as a way of showing socialist country must ban prostitution industry.It has been over 20 years since the birth of the crime,but how to understand this name of the crime,the legislative purpose,how to explain serious STDs,prostitution,whoring,knowingly and any other knotty problems should be solved.The second part of the article is focused on the objective aspect of the crime,exploring serious STDs such as syphilis,gonorrhea and the core behavior.On the basis of the international STDs type and domestic administrative legislation,serious STDs should Include AIDS,genital tract chlamydia infection,genital herpes,herpes progenitalis.Prostitution is a paying for sex,we don’t exclude the possibility of female clients and the harlotry happens between people of the same sex.In addition,Masturbation behavior is not the behavior of prostitution and whoring in the evaluation of the crime.The third part is about to the explanation of the subjective verb “knowingly”,and studying the subjective elements of the crime further.This crime legislation adopted knowing and particular state model,advocated knowing that is disease name,rather than state of an illness.On the subjective aspect of the crime,the author considers that it is willful to constitute the crime.The last part of the article is devoted to studying the boundaries of this crime and other crimes,such as the crime of intentional injury,etc.AIDS is a special situation,so long as it produces the result of HIV infection,all the defendants should be convicted of intentional injury.Moreover,if serious STDs patients are subjected to violence and coercion by others,and then carried out prostitution and whoring,they shouldn’t be punished as a crime.