The Improvement of China’s AIDS Notification System from the Perspective of Human Rights

作     者：毛俊响 周蓉 HU Liang MAO Junxiang;ZHOU Rong

作者机构：School of Law of Central South University 

出 版 物：《The Journal of Human Rights》 (人权（英文版）)

年 卷 期：2019年第18卷第1期

页      面：31-45页

学科分类：0301[法学-法学] 03[法学] 030103[法学-宪法学与行政法学] 

基　　金：Research on Legalization of Basic Medical Care Service(project approval No.14JZD025)as a key project of research on philosophy and social sciences of the Ministry of Education in 2014 

主　　题：AIDS notification system right to privacy right to health 

摘      要：China has established a two-level normative structure AIDS notification system with the AIDS Prevention and control Regulations as the core and local regulations as the supplement The problem is that the local legislations have different provisions with regard to the subject of notification and whether to adopt mandatory notification, which confronts the implementation of the AIDS notification system and the prevention of AIDS transmission with real difficulties The different attitudes of local legislations to the mandatory notification system for AIDS essentially reflects the dilemma of legislators in balancing the right to privacy of HIV-infected patients and the right to health of their sexual partners from the perspective of rights limitations, this paper aims to conducts interest balance analysis in the aspects of social urgency, public interest, substantive damage and the right to know of others and holds the view that when these two rights conflict with each other, priority should be given to the right to health of HIV-infected patients and their sexual partner as well as public health In terms of specific systems, the AIDS Prevention and control Regulations should establish a mandatory notification system and local legislation should take into consideration of local conditions to make specific provisions on issues of notification subject, notification procedures and confidentiality obligations after notification.