The Study On Infringement Civil Liability Of Defective Drugs

Since the20th century, with the development of the biological pharmaceutical technology, many ills has been overcome, the drugs are considered life-saving angel, but at the same time a lot of originally qualified drugs eventually led to tens of thousands of human body suffered damage and even loss of life. Abroad for such drugs with defects cause human damage to civil liability system has long attached importance to and be regulated by legislation. According to the statistics each year nearly20million people die from defective drugs, but our in defective drugs relevant provisions of the Tort Liability institutional very little,in the face of such a large number of injury accidents, China in the defective drugs tort civil liability legislation is seriously lagging behind, thus accelerating the system of civil liability legislation is very important.Article on the infringement of the fundamental problems of defective drugs set forth to explore definitions, characteristics and classification of defective drugs, so that people have a basic understanding of defective drugs from these basic concepts, and further by defect drugs infringement violations comparison, so that readers of the defective drugs have a better understanding of. Defective drugs identified standard has always been a hot topics applicable peremptory norms or as defective drugs identified standards for unreasonable risk of many jurists this also this divergence of views, the paper on the various points of view in-depth analysis. On the defective drugs tort civil liability applicable problem, based on the principle of fault liability and strict liability principle analysis of advantages and disadvantages, to determine the subject of liability applicable to different kind of imputation principle. Defective drugs infringement damages system to explore, through personal injury compensation, mental damages as well as punitive damages compensation three to dissect the defective drug damages system in China.This paper mainly in the Anglo-American law system and continental law system from the perspective of two big legal system country, through a comparative analysis of the relevant national standards, defective drugs defective drugs identified infringement the civil responsibility principles as well as damages system required to elaborate, provide a reference for the defective the drugs infringing imperfect system of our country.Analysis of the issues related to drugs after a series of defects infringement and by foreign advanced legislation to draw relevant conclusions, unreasonable risk should be used as the only recognized standard of defective drugs, different imputation principles applicable for different main responsibility, the producers extortionate strict liability principles to the principle of presumption of fault to identify the tort liability of the seller, and punitive damages system into the defective drug tort compensation system.