Research On The Criminal Law Qualitative Of The Behavior Of Intentionally Spreading AIDS

Acquired Immune Deficiency Syndrome(referred to as AIDS)is a serious infectious disease caused by the Human Immunodeficiency Virus(abbreviated as HIV),which can damage the human immune system and cause a series of conditional pathogenic bacterial infections and tumors,and eventually cause the death of infected people.AIDS has spread throughout the world at an alarming rate since it was first discovered in the United States in 1981.Unfortunately,there are no drugs that can cure the disease,and patients can only be delayed by various methods.Because of the incurability of AIDS and the hidden nature of AIDS crimes,many criminals use HIV crimes to cause damage to the lives and health of others and social order.However,our country currently does not have criminal law provisions to convict and sentence intentional transmission of AIDS,and only issued relevant judicial interpretations in2017.However,the judicial interpretation only regulates the intentional transmission of AIDS to others through the "sex" channel,and there are still no provisions on other types of intentional transmission,so that the theoretical community has been arguing about the qualitative debate on intentional transmission of AIDS.Qualitative is also not uniform.Therefore,the author believes that research on the qualitative problem of intentional transmission of AIDS has certain value and significance.Because the act of transmitting AIDS by mistake is not condemnable by criminal law,all the transmission of AIDS mentioned in this article refers to the act of intentional transmission,excluding the act of transmitting by mistake.Structurally,the body of this article includes four parts:The first chapter is the introduction chapter.It introduces a typical case to draw out the problems that the author wants to study and discuss.There are two sections.The first section is a brief introduction to the basic facts of a typical case of intentional transmission of AIDS and the court’s decision;the second section introduces the focus of the typical case.The public prosecution and the trial organ have different views on the characterization of the case.This leads to the author’s thinking.The second chapter is the core of the whole thesis.This chapter introduces the main behaviors of intentional transmission of AIDS in our country and the legal controversy over the intentional transmission of AIDS in theoretical circles and judicial practice.The author divides this chapter into two sections.The first section introducesthe main modes of transmission of intentional transmission of AIDS,the first is "sex" transmission.That is,intentional transmission through prostitution,prostitution,or between couples,couples,and one-night stand,rape,etc.;the second is "needle stick","claw and bite","shared syringes",etc.;Section II is the intentional transmission of AIDS.Attributes are sorted out,and the reasons for different qualitative claims to this type of behavior in theory and practice are introduced,as well as the irrationality of each claim.There are five main qualitative claims for this behavior in theory and practice,namely the crime of transmitting sexually transmitted diseases,the crime of intentional injury,the crime of intentional homicide,the crime of endangering public safety by dangerous methods,and the crime of putting in dangerous substances.The third chapter elaborates the legislation and experience of AIDS in other countries.AIDS is a global disease.All countries recognize that the intentional spread of AIDS has extremely serious real dangers,and the perpetrators should be held criminally responsible.At present,there are many countries and regions outside the region that regulate the behavior of intentional transmission of AIDS by law.Although the methods of regulating the transmission of AIDS are different,each method has achieved good governance results and is worthy of reference for our country.Due to space reasons,the author mainly lists relevant legislation and experience of Japan and the United States.The fourth chapter introduces the qualitative analysis of intentional transmission of AIDS in different ways and ways to improve its identification.According to the research and analysis in the first three parts,we know that for the purpose of intentional transmission of AIDS,the current single criminal law cannot be used for conviction and sentencing.The current judicial interpretations cannot fully cover the types of intentional transmission of AIDS,and the prevention and control of AIDS crimes is imminent And it takes a long time to create a new crime.Therefore,the author proposes to convict different behaviors of intentional transmission of AIDS with different crimes in the existing criminal law,and at the same time,to further improve the determination of intentional transmission of AIDS by issuing scientific guidance cases and standardized judicial interpretations,so as to regulate AIDS crimes.