Research On The Human Rights Of Subjects In Human Experimentation

Human subjects, subordinating to the category of vulnerable group in legal science, deserve intensive concern and specialized protection due to the inevitable risks in human experimentation, weakness of their legal rights and incapacity of legal protection as well. As for the protection of human rights of subjects, the concept of universal human rights constitutes the basis of its value system, and substantive justice manifests the value pursuit of it. Study proved that efficient approach to safeguard the human rights of subjects is to enhance the protection for rights of life, health, etc.At the international level, international ethical guidelines for medical research serve as the primary instruction for protecting human rights of subjects, which bring forward fundamental principles such as respect for personal unique, priority of individual interests, beneficence, justice and scientific. However, except for ICCPR, all other international documents on medical research are non-binding in international law. Meanwhile, there are two domestic legislative patterns concerning this topic embodying incidental protection and the specialized protection, and certain developed countries had already established comparatively integrated mechanism adopting the later pattern.Researches on the actuality of China indicate that related legislation, administrative supervision and ethics committee system are in urgent need for improvement. Therefore, the pattern of specialized protection should be adopted which prove to be preferable to us. Legal framework of the protection of human subjects should be created, existing laws and regulations be perfected and administrative supervision system be intensified. At the same time, four significant systems must be established which are informed consent, review system of ethics committee, compulsory clinical trials liability insurance and the system of liability and remedy.