国内外故意传播艾滋病的法律责任比较分析

Comparative Analysis of the Legal Responsibility of Deliberately Spreading AIDS in China and Abroad

针对故意传播艾滋病的行为,诸多国家都有相应的法律法规和处罚的条款,有些设立了独立的"故意传播艾滋病罪",有些则用其他罪名。在处罚方面,我国出现过故意传播性病罪、故意伤害罪、故意杀人罪和危害公共安全罪的司法实践;但是,在应对故意传播艾滋病行为方面还存在争议。解决这些问题需综合考虑,如修订故意传播性病罪的适用范围,增设独立的故意传播艾滋病罪,修订监外执行和保外就医的范围,确定故意传播艾滋病的认定程序,对艾滋病感染者加强防艾教育和法律宣传。

For deliberately spreading of AIDS, many countries have corresponding laws and punishment cases. Some of them set up independent crime for Deliberately Spreading AIDS to penalize this behavior, and some charged it with other crime. In terms of punishment, there have been several judicial practices in China, such as the crime of deliberately spreading venereal diseases, the crime of deliberately injury, the crime of deliberately homicide and the crime of endangering public safety and etc. But there are still controversies in response of deliber- ately spreading AIDS behavior. To solve these problems the following issues need to be considered： revising the scope of application on deliberately crime for spreading venereal diseases, setting up the independent crime of de- liberately spreading AIDS, modifying the scope of execution outside prison and released for medical treatment, de- termining the certification procedure of deliberately spreading AIDS, and strengthening propaganda on laws and pre- vention education of AIDS to the people infected with HIV/AIDS.