论设立故意传播艾滋病罪的必要性

The Necessity of Establishing Intentional Transmission of AIDS

故意传播艾滋病是危害性极大的行为,但我国刑法典对于故意传播艾滋病的行为并没有明确的定罪标准。与传播性病罪相比,两者是一种性质不同的行为;而基于艾滋病的特殊性,若将传播艾滋病的行为限定在故意杀人罪的名下,则又违反了法律的公正原则;故意传播艾滋病给不特定人群的行为也不会危害到公共安全。只有将故意传播艾滋病行为设置为独立的犯罪,才能对此行为进行有效的刑法规制。

Intentional transmission of AIDS is a very harmful behavior, posing a serious threat to the health of the people. However, there is no clear standard of conviction for the deliberate transmission of AIDS. Compared with the spread of sexually transmitted diseases, the both are a different nature of the behavior; and based on the partic- ularity of AIDS, if the spread of AIDS behavior is limited to the name of intentional homicide, then it violated the principle of justice. Moreover, the intentional dissemination of AIDS to unspecified populations does not jeopardize public safety. It is based on this, only the intentional spread of AIDS behavior is set to an independent crime , which is to be effective in this criminal law.