For the first time in China, legal experts are calling for those
purposely spreading AIDS to be punished. They say China needs a
specific law for this problem, so those responsible are brought to
justice.
In
many countries, intentionally spreading AIDs is a crime, but not in
China, said criminologist Han Yusheng from China Renmin
University.
Han said China's current criminal law stipulates that those who
intentionally spread venereal diseases should be punished by
law.
But as AIDs doesn't fit into the venereal disease category, this
law cannot be applied.
This gap in legislation has caused a lot of difficulties to
judicial departments when dealing with the problem.
China now has over 500,000 reported cases of AIDs. Among the
sufferers, some were intentionally infected by other AIDS victims.
For instance in Beijing, one AIDs positive drug-dealer cut and
infected a member of the police drug squad. But because the law was
lacking, he escaped punishment.
Although legal experts agree that such actions are clearly
criminal, they can't decide what exact legal term should be applied
to the crime.
One category the crime could come under is intentional injury,
according to Han. He said another option is to write a completely
new law specifically for the spread of AIDS.
Whatever choice is made, Han noted, the emphasis must be on
punishing such behavior and increasing public awareness of it.
But he added that the first, and most important, step is to amend
the existing law to include a penalty of at least 15 years
imprisonment for the crime.
At
present, he hopes that National People's Congress, China's
legislative body, will approve the legal experts' proposal.
(CRI News 10/27/2000)