故意传播艾滋病行为应当定罪处罚,是世界各国的通行做法。本文通过不同观点的比较和对现行法律规定的考察,认为从犯罪构成上,故意传播艾滋病行为应独立成罪,建议立法增设故意传播艾滋病罪,并以司法解释明确其适用。 It is a common practice in all countries in the world to deliberate and punish the deliberate dissemination of AIDS. Based on the comparison of different points of view and the investigation of the existing laws and regulations, this article argues that intentionally disseminating AIDS should be independently criminalized from the point of view of the composition of crime. It is suggested to add the crime of intentional transmission of AIDS by legislation and clarify its application by judicial interpretation.